Curb McGraw's Abuse of Power

For the News-Register
West Virginia Attorney General Darrell McGraw said it himself, during a legislative hearing at which his practice of handing out proceeds from lawsuits, rather than turning the money over to the state treasury, was questioned. “Everything’s political,” McGraw responded to one lawmaker’s question.

McGraw was, of course, making a snide comment intended to impugn the motives of legislators who think that when the attorney general’s office wins money through a lawsuit, the funds ought to be turned over to the treasury. But McGraw’s comment may have been something of a Freudian slip, confirming what many believe to be his motivations.

The attorney general’s office has retained millions of dollars collected in “consumer protection” lawsuits. That allows McGraw to hand out money to worthy causes, no doubt gaining goodwill that helps him at election time.

Many legislators, noting that the state constitution gives them power to appropriate the state’s money, have taken umbrage at McGraw’s practice. We agree.

For years, lawmakers have groused about McGraw but, for some reason, not done anything about him. Now, the state Senate finally may be ready to act.

A bill sponsored by state Sen. Brooks McCabe, D-Kanawha, would require that money collected by the attorney general’s office must be turned over to the state general fund, or some other fund established for the purpose. It also would require more openness concerning the private attorneys McGraw uses in his lawsuits, and who collect millions of dollars in fees for their participation.

McCabe’s bill seems to be popular; more than half the members of the Senate have become co-sponsors. We hope that means the measure will be passed quickly, and sent to the House of Delegates. Lawmakers there also should approve the bill, then Gov. Joe Manchin should sign it into law.

No doubt, McGraw will attempt to retaliate against lawmakers by claiming that they are depriving West Virginians of the attorney general’s largess. Nonsense. Lawmakers acting as a body are far more accountable than any single office-holder, such as McGraw. The difference, of course, is that if the Legislature grants funding to worthy causes, McGraw can’t take credit for it.

McGraw is absolutely right — in regard to his attempt to gain power by using money that belongs to the taxpayers who fund his office: “Everything’s political,” the man himself noted.