Editorial: Legislators Must Act Now To Rein In A.G. McGraw

The Herald-Dispatch, February 5, 2007

West Virginia Chief Deputy Attorney General Fran Hughes went to the House of Delegates Finance Committee on Thursday to defend Attorney General Darrell McGraw. Legislators want to rein in McGraw for the way he handles money won in court settlements and of his hiring of private lawyers to pursue some of those cases.

"It is a red herring that is being stirred up by the national Chamber (of Commerce)," Hughes told the committee, according to an article by The Associated Press.

A person doesn't have to be a member of the Chamber of Commerce to question what McGraw is doing.

Six years ago, McGraw filed a lawsuit on behalf of the state Department of Health and Human Resources, the Public Employees Insurance Agency and the West Virginia Workers' Compensation Commission (now BrickStreet) against the makers of the drug OxyContin. The state received a $10 million settlement.

About $3 million went to outside law firms hired to handle the case. The rest went to various state, local and private agencies at McGraw's discretion rather than to the state agencies on whose behalf the suit was filed.

Several bills introduced this session would give lawmakers oversight over future special appointments, require McGraw's office to seek legislative approval of settlements and deposit them in the state's general revenue fund. They echo measures pursued during previous recent sessions, without success, according to the AP.

The Legislature needs to rein McGraw in. Money received in court settlements is not his personal money to disburse as he pleases. It belongs to the people of West Virginia . It is the job of the Legislature, not McGraw, to decide how the people's money is spent.

If McGraw can't understand or agree to that, the state needs a new attorney general who will.