McGraw Problem Dumped on Voters

By MIKE MYER
Apparently the only way to deal with Darrell McGraw is to not have to deal with him. State legislators don’t have the political courage to rein him in. Voters will have to do that.

Some legislators patted themselves on the backs after they left Charleston because they finally had done something about McGraw.

Not really. As a group, the lawmakers chickened out. Again.

McGraw has a disturbing philosophy regarding some of the big “consumer protection” lawsuits he files on the state’s behalf. If he wins, his office keeps the money — millions of dollars.

He ought to turn the windfalls over to the state treasurer, of course. That’s the way money is supposed to be handled: It flows into state government from a variety of sources, and legislators decide how to spend it.

But McGraw seems to view the money as his own personal hole card in the popularity contest that politics can be.

One recent lawsuit settlement involved credit card companies. They agreed to pay the state around $12 million. McGraw promptly declared that the money would be used for a sales tax moratorium. That won’t hurt him on Election Day.

Another settlement, against a drug company, netted McGraw’s office about $10 million. He began handing the money out to all sorts of worthy causes, at first with a substantial amount of fanfare. During recent months, he’s been more quiet about it — but the recipients and their friends know.

What legislator wouldn’t love to be able to hand a check for $10,000 to the Charleston Black Ministerial Alliance? McGraw did.

What governor wouldn’t love the chance at a photo-op as he gives $15,000 to the Boys and Girls Club of Weirton, to help it with drug prevention education programs? McGraw had the money.

What lawmaker wouldn’t love to be able to issue a press release announcing he’d given $10,000 for use by the Monongalia County Truancy Task Force? McGraw’s office issued the release.

Those are just a few samples of how McGraw has been spending millions of dollars. He’s been acting as judge, jury and beneficiary for worthy causes — with our money.

Think about it: In total, between just the two settlements noted above, McGraw’s office pulled in $22 million — and decided how to use it. Legislators could have used that money for any number of worthy causes.

For example, that’s nearly the amount lawmakers had to put up to offer help to 19,100 teachers, many of whom are worried about their retirement pensions. Wouldn’t an additional $22 million have allowed the Legislature to offer them an even better deal?

So, finally fed up with McGraw and declaring that they weren’t going to put up with him anymore, lawmakers decided to crack down.

But after a 60-day regular session in which they rejected two bills that would have been meaningful, the Legislature was able to work up only enough courage to pass a bill stipulating that, if McGraw is thinking about such settlements in the future, he has to inform the governor and legislative leaders.

Theoretically, that gives them time to intervene. Want to bet on whether McGraw manages to make his settlements done deals before he informs lawmakers and the governor?

Two really tough bills were introduced in the Legislature. One would have required legislative approval of settlements. Another would have made it more difficult for McGraw to hire private attorneys, many of whom have contributed to his election campaigns, to handle lawsuits and reap enormous fees from them.

But not enough legislators went along with those bills.

Why are they so afraid of Darrell McGraw?

Apparently, voters are going to have to take care of the problem. Two Republicans, Dan Greear and Hiram Lewis, have filed as candidates for attorney general.

Only one Democrat — Darrell McGraw — filed.

Myer can be reached via e-mail at myer@theintelligencer.net.