One of Darrell McGraw’s closest allies and staunchest supporters, Senator Randy White has lept to Darrell’s defense.  His commentary that was on his blog is posted below.

You have to love that Darrell’s confidants jump to defend the indefensible.  According to Senator White, Darrell is the best to decide who gets the taxpayer’s money.

McGraw’s lining of the pockets of his trial lawyer buddies, his deciding how money that should go to the Legislature should be spent and his practice of handing out taxpayer funded trinkets at campaign events certainly make him the best AG we’ve ever had.

Senator White’s full commentary is below.

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In Defense of the Attorney General

Attorney General Darrel McGraw has given us 16 years of unparalleled public service protecting the citizens of West Virginia by providing consumer education and when necessary, fighting the unscrupulous businesses that attempt to prey on senior citizens, consumers, and other businesses in the state.

Since being elected in 1992, Darrel McGraw has through the Consumer Protection Division of his office collected more than $110 million from businesses that have broken the law and $1.8 billion in the tobacco settlement case. A true public servant and defender of the citizens of West Virginia.

It is perhaps understandable when the U.S. Chamber of Commerce and other out-of-state corporations spend millions in negative advertising attacking him when many of these law breaking businesses contribute to its operations,. However it is very perplexing why the West Virginia Chamber of Commerce likewise spends several hundred thousand dollars in the same manner. Is our state chamber against protecting our own people? One would think that they would be supportive of efforts to “clean up” those businesses that market harmful products and especially those that commit consumer fraud against our West Virginia citizens and other businesses, as well. Perhaps their funding comes in large part from some of these same sources with their unscrupulous business practices.

Some of the negative ads accuse McGraw spending monies that is the perogative of the legislature. Well, the legislature has spent the vast majority of the funds collected by office of the Attorney General. Over 95% of these funds have been used by the legislature to promote the best interests of the citizens of the State.

Some monies have been directed by the court to be used in specific ways. In the case of the Purdue Pharma settlement because of illegally advertising the drug oxycontin, also known as “hillbilly heroine“, Purdue Pharma insisted that the money should be used to finance community programs addressing drug abuse, law enforcement efforts at reducing abuse, and medical education to further reduce substance abuse.

The legislature has spent: $24 million to set up the Physicians Mutual Insurance Fund, which has kept our doctors in West Virginia; in 2007 the legislature authorized the sale of the tobacco settlement proceeds which generated over $800 million to pay down the debt of the Teachers Retirement System; paying down the Worker’s Compensation debt an additional $500 million; and $250 million to the Governor’s Rainy Day fund, which is used to help rebuild from devastating floods and other natural calamities in West Virginia.

The most recent settlement against Visa and MasterCard includes $11.6 million going to the WV treasury to offset a sales tax holiday so West Virginia consumers can more affordably purchase energy efficient products. The Governor first proposed this holiday in his 2008 State of the State address and the West Virginia Legislature enacted the terms of the settlement.

The office of the Attorney General consists of 69 lawyers serving the needs of seven different divisions including the: the Consumer Protection and Antitrust Division, the Civil Rights Division; the Appellate and Opinions Division; the Health and Human Resources Division: the Administration and Public Safety Division; the Tax, Revenue, Education, Arts and Transportation Division; and the Employment Programs litigation Unit. In the course of a year the Attorney General’s office will work on thousands of cases and other matters that come before his overworked staff. Occasionally, he must contract outside his office to hire the expertise in a particular legal matter in the best interest of the citizens of West Virginia.

Naturally, he turns to lawyers who are familiar with representing and protecting consumers in these matters. He certainly wouldn’t be looking for corporate lawyers, who’s financial interests are opposite of the consumers.

Again, negative advertising raises its ugly head to defame the success of the Attorney General and the consumer lawyers. I have known many consumer lawyers and find them to be decent, honorable men and women. Their first interest is that justice be served and in this case, that our senior citizens, consumers, and small businesses are protected from the abuse of out of state corporations. There fees usually run 25% to 33% of any award given by the courts. These fees are used to cover their costs of litigating, investigating, paying staff, and other costs associated with a business. Their business just happens to be “seeing that justice” prevails.

In conclusion, I firmly believe that Darrel McGraw is an honorable, decent, and honest human being. He takes his constitutional responsibilities very seriously. I truly believe, that he has the best interests of the citizens of West Virginia at the center of his work. He has been the most successful Attorney General in the history of the state of West Virginia. Unfortunately, what comes with that is a target from out-of-state business interests determined to take advantage of the senior citizens, consumers, and small businesses in our state.

Randy White
West Virginia Senate