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West Virginia GOP AG Candidate Dan Greear to Dem McGraw’s Unethical Practices

Charleston, WV – Charleston attorney and former member of the House of Delegates, Dan Greear, responded to the latest political hires of Attorney General Darrell McGraw. McGraw appointed four Special Assistant Attorney Generals to aid in an investigation of Variable Annuity Life Insurance Company (VALIC), questioning if the company misled teachers to invest in its low interest fixed-rate annuities.

Jim Lees, Anthony Majestro, James Peterson and Jonathan Turak were the four Special Assistant Attorney Generals appointed by McGraw. Majestro, Peterson and Turak have each donated to McGraw’s political campaign and directed contributions from their respective law firms and family members. Historically, Peterson’s firm has delivered over $20,000 in campaign contributions to McGraw. McGraw has also received contributions from Majestro’s and Turak’s law firms in the past.

Greear weighed in by citing that this is not a first for McGraw, “If you review McGraw’s campaign finance reports and the corresponding appointments he has made during his tenure you will easily spot the parallel.”

“McGraw receives contributions from a number of trial lawyer firms and in return hires those same contributors rewarding them with lucrative employment at taxpayers’ expense,” stated Greear.

“I absolutely refuse to believe the only capable attorneys in this state are those who contribute to Darrell McGraw,” added Greear. “This is yet another example of the arrogant practices of our current Attorney General. He continues to abuse the powers of the Attorney General’s office and most notably, it is always at taxpayers’ expense.”

The West Virginia Legislature has scrutinized McGraw’s office for its history of awarding settlement money at their discretion rather than affording it to the appropriate government agency involved in the case. HB 104 was passed in a special legislative session this year immediately following the regular legislative session. The bill requires McGraw’s office notify the Legislature before dispersing any funds obtained by the office for the people of West Virginia.

Greear cited his continuous position on appointments, “Since day one of my campaign, I have stated our office will only appoint Special Assistant Attorney Generals when absolutely necessary. If there is ever a need for a expertise in a specific area of law, I will implement a fair and open bidding process, open to all attorneys of West Virginia. This will ensure that West Virginians get the best possible legal representation for their dollar.“

Greear is a lifelong resident of Kanawha County, graduating from South Charleston High School in 1986 as a National Merit Scholar. He graduated third in his class from the WVU school of Law in the spring of 1992 where he also served as associate manuscript editor for the West Virginia Law Review. He served in the West Virginia House of Delegates representing Kanawha County’s 30th District in 1995 and 1996. Dan is currently a law partner at the Charleston law firm Kesner, Kesner & Bramble where he has worked for 16 years. Dan currently resides in South Charleston with his wife Amy, a social worker for Kanawha Hospice Care, and their two children, Joshua, 9 and Ben, 6.



WV: AG ready to run again in 2012?

From The Record:

It seems state Attorney General Darrell McGraw will be on the ballot again in 2012.

While he didn’t outright announce his candidacy, McGraw seemed to hint at it Wednesday.

“I’d like the opportunity to serve as Attorney General again,” McGraw said after a press conference in his offices. “This is a job my life was dedicated to since I was born.”

“I appreciate the opportunity to serve the people of West Virginia as Attorney General.”

McGraw was first elected Attorney General in 1992. In 2008, he was elected to a record fifth term as Attorney General.

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WV: AG Says 2012 Funds can’t be used in 2011 Special Election

From The Record:

Attorney General Darrell McGraw’s office says gubernatorial candidates who raised campaign money for committees for the 2012 election can’t use those funds for this year’s special election.

In a letter dated Feb. 11 to Secretary of State Natalie Tennant, assistant Attorney General Barbara Allen stressed that the letter is not a binding legal opinion.

“A candidate with an (existing) committee for a 2012 election may only contribute excess funds from that committee after the general election, which would eliminate any possibility of the candidate transferrin funds from his or her 2012 election committee to his 2011 election committee,” Allen wrote.

Tennant had sent a letter to McGraw asking for his help in interpreting state code, specifically those laws on campaign finances.

Tennant spokesman Jake Glance said copies of the letter had been sent to gubernatorial candidates.

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WV: Democrat AG to look into complaint against Democrat Secretary of State’s office

From Charleston Daily Mail:

Attorney General Darrell McGraw’s office is looking into a complaint that Secretary of State Natalie Tennant’s office has misinterpreted state election law.

The complaint, which was filed by an independent candidate running for the state House of Delegates, alleges the layout of the U.S. Senate election ballot is illegal.

The current layout of the Nov. 2 ballot lets voters cast one straight-ticket vote for both elections – the special Senate election and the one for all the other races.

It’s not clear how seriously McGraw’s office is taking the complaint.

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The Worst Attorneys General in the Country

From Competitive Enterprise Institute:

Washington, D.C., July 22, 2010 – The worst state attorneys general in the country abuse the power of their office for political ends, a new report from the Competitive Enterprise Institute finds.

“In recent years, many state attorneys have increasingly usurped the roles of state legislatures and Congress by using lawsuits to impose interstate and national regulations and extract money from out-of-state defendants who have little voice in a state’s political processes,” explains Hans Bader, author of the CEI Issue Analysis, The Nation’s Worst State Attorneys General.

Six state attorneys general comprise the worst-in-the-nation list:

1. Jerry Brown, California
2. Richard Blumenthal, Connecticut
3. Drew Edmondson, Oklahoma
4. Patrick Lynch, Rhode Island
5. Darrell McGraw, West Virginia
6. William Sorrell, Vermont

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WV: If Asked, AG Will Give Opinion on Byrd Seat

From Charleston Gazette:

Attorney General Darrell McGraw believes West Virginia state law requires state officials, including Gov. Joe Manchin, to seek his opinion about the proper legal process to fill the Senate vacancy created by the passing of Sen. Robert C. Byrd, D-W.Va.

But so far, no one has asked McGraw and his staff for their legal advice.

“Under the law, the attorney general is expected to provide an opinion on legal issues that confront the executive branch of government and, in a limited way, other branches of government,” McGraw said during a Monday interview.

“This is significant because it is the attorney general who is required by law to defend that officer if that officer is sued,” McGraw stressed. “This process should have been observed.”

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WV: AG’s Office to Review Decision on Byrd’s Senate Seat

From Herald-Dispatch.com:

State attorney general Darrell McGraw’s office is reviewing a decision over the process for picking a successor to the late Robert C. Byrd’s U.S. Senate seat.

Chief Deputy Attorney General Fran Hughes said Tuesday a look at Secretary of State Natalie Tennant’s decision is necessary to make sure it is legally sound and supported by case law.

Tennant announced Monday the person picked by Gov. Joe Manchin to fill Byrd’s seat won’t have to face a special election until November 2012 for the remaining two months of Byrd’s term. An election will also be held then for a new 6-year term.

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Not All is Rosy for West Virginia Dems

It’s probably time for Darrell McGraw to pack it up, and pack it in.  Let him begin his new journey for life outside of state government.  If he’s still AG in 2012 – we suspect that he will face a well funded candidate – maybe even from his own party – who will mark the end of his tumultuous career.  From the Herald Dispatch:

CHARLESTON — West Virginia’s Democratic Party was largely successful on Election Day, but the results also show a gray lining.

Barack Obama had been aided by a more extensive ground game and a 2-to-1 voter advantage. But he became the third consecutive Democratic presidential contender to lose the Mountain State to his Republican opponent, and by a slightly greater margin than his 2004 predecessor.

The majority party also proved unable to prevent West Virginia’s only Republican member of Congress, Rep. Shelley Moore Capito, from securing a fifth term.

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WV: 15 People Protesting Ad Means Ad is Under Fire?

From the Charleston Gazette:

Fifteen people held signs defending Attorney General Darrell McGraw and criticizing the West Virginia Chamber of Commerce early Monday morning at the corner of Kanawha Boulevard and Greenbrier Street, near the Capitol.

Steve Roberts, head of the state chamber, spent time talking to them and offered them coffee.

The posters read: “Chamber Lies About McGraw” and “Conduct Business Legally and You Won’t Need to Get Rid of Darrell McGraw.”

The Chamber of Commerce backs Dan Greear, McGraw’s Republican opponent.

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WV: GOP AG Candidate Dan Greear Racking Up Endorsements

The endorsements, and a well executed campaign, are paying off.  Republican challenger Dan Greear is leading by 8 pts, 50% – 42% over the damaged Democrat incumbent. From the Bluefield Daily Telegraph:

Every West Virginian who has complained about the state’s lack of vision, every West Virginian who has lamented the economic woes stifling the Mountain State’s climate of growth, every West Virginian who has ranted about cronyism and “good ’ol boy” politics now has a chance to make a crucial, viable change in the very heart of our state government.

The solution: Unseat incumbent Democrat Attorney General Darrell McGraw by voting for his intelligent, innovative and forward-thinking opponent, Dan Greear.

For decades the McGraw name has been synonymous with political royalty in West Virginia, and has helped him win election after election after election — much of which was due, in part, to a strong bloc of support in the southern counties.

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