New Law a Start On Accountability

The Intelligencer
A law passed by West Virginia legislators during their special session is a start — but only that — in forcing accountability on the state attorney general’s office.

For several years, some lawmakers have complained — as have we — about Attorney General Darrell McGraw’s way of handling some lawsuits filed by his office. Certain “consumer protection” lawsuits, including one against a drug company and another involving credit card firms, won hefty settlements for the state — millions of dollars.

But instead of depositing the proceeds in the state general fund, as he should, McGraw kept the money in the drug company settlement. He doled out millions of dollars to various worthy causes, no doubt gaining popularity that will help him at election time.

In the credit card case, McGraw took it upon himself to use a $12.1 million settlement to declare a “sales tax moratorium” for West Virginians. Again, that won’t hurt him on Election Day.

Legislators have pointed out that they don’t dispute that money handed out by McGraw’s office goes to worthy causes. But, they add, under our system of government, the Legislature — not the attorney general — is supposed to appropriate money available to the state.

After failing to pass bills that would have cracked down hard on McGraw, the Legislature finally managed to agree on one that requires the attorney general to notify legislative leaders, the governor and the secretary of the Department of Administration when there is the potential for a lawsuit to be settled, or a judgment won in a case filed by the state. Only cases involving $250,000 or more would be affected.

Lawmakers have said that the notification requirement would give them time to intervene in such cases, should they decide to do so.

That isn’t much of a restraint on McGraw — but at least, it’s a start. It provides some accountability, if only a bare minimum, so that McGraw cannot continue his shenanigans without some oversight.