In order to effectively do his or her job, the state attorney general is to one degree or another independent from the Governor.   All but two states (Wy and Ak) and the District of Columbia have expressly rejected the federal model of an AG who is appointed by the Chief Executive and who can be removed without cause.  I have long believed that this independence, derived from our common law heritage, has served our country well by providing a positive check on executive power.

On Monday, January 28, 2008, I traveled to the District of Columbia and broke my cardinal rule of not telling a state that isn’t Maine how they should structure their law enforcement agencies.   I made the exception first because I was asked and second because the DC AG office continues to be beset with turnover at the top and uncertainty at the bottom.  The fastest way to fix the problem would be for them to give some statutory independence to the AG.  This simple step would decrease turnover, attract talent and financial resources and reduce the number of outside counsel.

Although I praised many of the former Attorneys General of the District of Columbia and much of the staff who currently work there, it is nonetheless clear to me that the DC government has a problem and they had better fix it.