Tierney's WeblAG/Weblog

Interns of an Organic Kind

James — Sun, 24 May 2009 09:18:53 -0700

One of my many sons runs a farm with his wife in rural Maine. They live on a dirt road (Dogtown Road) and they work extraordinarily hard at what they do so well.

They are not the only agriculturists in the family. We always had some kind of garden in Maine, my son the minister has just planted his tomatoes on the lawn of the parsonage and my teacher daughter and her husband are finishing their chicken coop.

That being said, today's front page story in the New York Times about summer interns on farms took me back a bit - especially since my son's interns (who are graduate students from California) start tomorrow.......

All I can say is, "well, I'll be darned..."

http://www.nytimes.com/2009/05/24/dining/24interns.html?_r=1&ref=us

President Obama's Inauguration Address

James — Tue, 20 Jan 2009 09:35:56 -0800

..." chose our better history..."

Thoughts for hard times - Charity regulation

James — Sat, 10 Jan 2009 09:34:03 -0800

One of the great advantages of living in NYC and Cambridge - where I am today - is that I get to read a goodly part of the Sunday NYT on Saturday. This morning I read an excellent article about how three museums - Brooklyn, Detroit and Newark - have worked hard to reinvent themselves in a declining environment. I also read where two others - LA Contemporary and the Las Vegas Mob Museum - seem to fall back on less appropriate (albeit legal) ways of staying alive with the former attracting Eli Broad one more time and the latter going to Harry Reid for an earmark as if the world hasn't changed with a half million jobs lost in just the last month.

These readings bumped into the story about how a play I had wanted to see - Dividing the Estate - is staying alive by going to Hartford with all sorts of concessions and deals made with the Hartford ngo community.

And all of this is occuring while I am putting in new bookcases to house books that I have read and will never read again? (The sawdust is all around me as I write). As my late-mother used to say when she saw my books piled up, "haven't you ever heard of the library?"

These seemingly unrelated things are all connected to my head as we all struggle to see out ways through just how much our world has changed - and changed a lot.

And it doesn't have to be all bad. (It may be my imagination, but it seems to me that everyone is being very nice to each other lately....).

Attorneys general have extensive jurisdiction over the regulation of non-profits, and the bottom line is that (as always) some non-profits are going to make good and legal decisions. Some are going to make bad and legal decisions. And some are going to make bad and illegal decisions. This line is not an easy one to define, and AG's will have to assist their non-profits in making these decisions.

My own suggestion of today is to think about libraries. When I was a kid, we never considered purchasing a book which is why all the librarians had memorized the numbers of all the Tierney kids. But in these hard times when businesses merge in order to survive, why not assist our libraries? (AG's are often called upon to review the mergers of non-profits.)

I mean, why buy books when as kids we borrowed them? Why not put art work from our museums on the walls of libraries? Why not get libraries to move around and maybe move part of their books into museums attracting visitors to both? And while we are at it, why not put community theatre productions into libraries and/or museums?

And what can an AG do to facilitate the merger of a museum in trouble with an underused library and make a community - no matter how small - a little happier?"

I mean, why not?

Il AG Madigan has authority to advocate for Governor's Ouster

James — Thu, 11 Dec 2008 13:30:29 -0800

My Public Statement:

December 11, 2008 (NEW YORK) – James Tierney, director of the National
State Attorneys General Program at Columbia Law School, is available to
speak with media about the authority of Illinois Attorney General Lisa
Madigan to petition for the removal of Governor Rod Blagojevich from
office. Blagojevich was charged Tuesday with federal corruption. Madigan
has said she is prepared to take action if Blagojevich does not resign.

Tierney: “Most people don’t know that the attorney general can sue his or
her own governor. But a state attorney general is the lawyer for the people
of the state – not just for the office holders or the bureaucracy.

“If an elected official fails in his or her duties and the fundamental
integrity of the government is at risk, an attorney general has the
discretion to act independently to protect the public from ongoing harm.

“Impeachment is a vital method to remove an office holder from his or her
position, but it is not necessarily the exclusive remedy. A state attorney
general can move quickly to stop an official’s continuing illegal behavior
even as impeachment proceedings occur. Further, an attorney general can ask
the state's judiciary to temporarily strip an office holder of authority
pending impeachment.

“The office holder has recourse to counsel and the opportunity to make his
or her case before the courts. That said, it is part of the attorney
general's responsibilities to advocate for the public interest.”

How To Stop Fraud at the FHA - Use State AG's

James — Wed, 10 Dec 2008 15:17:10 -0800

Today's NYT contains an excellent story that notes "As FHA's Role Grows, So Does the Risk of Fraud." (B-1). The story notes that the FHA is making a comeback but that some people are taking advantage and there are insufficient federal resources to keep the program as honest as it should be.

There is nothing new here, so why doesn't the FHA - and similar federal agencies such as the OTC, etc. - simply delegate enforcement authority by Rule - along with some money - to state AG's? AG's know how to prosecute this sort of fraud and this approach would put fifty new "cops on the beat" who are experienced in combatting fraud in the mortgage market. The FHA is an "off budget" agency (in other words, it is funded from fees, etc. and not direct tax dollars) and they could create an immediate deterrent to fraud.

There is nothing new in this idea. State consumer and antitrust divisions were started with federal grants to AG's back in the 1970's.

So, what is the problem?

Congress Loses Election of 2008 - Part II

James — Tue, 02 Dec 2008 20:24:37 -0800

US Sen Mel Martinez (R-Fla) today announced that he is not seeking reelection in 2010. While there is nothing remarkable in the announcement - elected officials move on all the time - what was remarkable is that I happen to be in Florida and saw the announcement on the 11:00 P.M newscast but not until after stories on local sports, the weather, a report on homeless problems and a mobile home fire.

Posner + Ec Crisis

James — Sat, 29 Nov 2008 14:40:15 -0800

Judge Richard Posner came to Columbia Law School on the 26th to chat about the financial crisis. Posner is (of course) one of the most vocal law/economics/deregulation voices and has long disparaged the work of state attorneys general.

The Columbia website carries a description of his presentation that reads in part...

"November 26, 2008 (NEW YORK) – As a staunch proponent of free trade and minimal regulation, U.S. Court of Appeals Judge Richard Posner told a packed audience at Columbia Law School that he surprised even himself by placing the blame for the current financial crises not with Washington but with the free-market system.

“It’s a painful acknowledgment,” Posner told the crowd, which filled Room 101 of Jerome Greene Hall well beyond capacity. ...With hindsight, the reasons for the failure are obvious, Posner said. Excessive deregulation enabled excessive risk-taking. Add to that mix the abundant credit made possible by the Federal Reserve’s loosening of purse strings following 9/11 and the abundant capital of the oil-boom years, and the world faced an economic house of cards of historic proportions.

Indeed, the causes are so obvious now, Posner said, that it is a surprise that hardly anyone saw it coming. “This was a big embarrassment to the economics profession,” Posner said. “Mortgage brokers, local banks and homeowners knew what was going on, but banking and securities regulators did not.”"

Had the good judge said "federal banking and securities regulators" - Bush appointees imbued with Posner's own deregulatory fervor - he would have had it right.

Out here in the states - and carefully monitored on this very blog for the last four years - he'd have seen state attorneys general and state regulators standing and screaming at the top of their lungs that more regulation was needed and that very bad things were going to happen.

In order to have made the acknowledgement, however, he would have had to admit a mistake. Doing that, however, might have interfered with the "rock star" status afforded him by his admiring audience.

Me? I went to Maine for Thanksgiving.

Congress Loses Election of 2008

James — Tue, 25 Nov 2008 09:33:04 -0800

Am I the only one who finds it remarkable that senior - and very talented - members of Congress are lining up for jobs in the Obama Administration? Sen. Hilary Clinton seems perfectly happy to walk away from being the Senate Majority Leader and Rahm Emanuel didn't blink when he turned his back on an easy rise to being Speaker of the House. By any historical analysis, both of these decisions appear to be an abdication of power. An understanding of the amassing of power in the Exec. by President Bush, however, makes the decision of both Clinton and Emanuel entirely rational.

Did Congress lose the election of 2008?

Citigroup CEO and Ignorance

James — Mon, 24 Nov 2008 07:59:57 -0800

TheNew York Times of Nov. 23, 2008 carries this astounding opening..

"In September 2007, with Wall Street confronting a crisis caused by too many souring mortgages, Citigroup executives gathered in a wood-paneled library to assess their own well-being.

There, Citigroup's chief executive, Charles O Prince III, learned for the first time that the bank owned about $43 Billion in mortgage-related assests."

The first time? The first time?

Perhaps President Andrew Jackson had a point when he said to Nicolas Biddle, "I do not dislike your Bank more than any other bank..."

Former AG of Texas Mattox Dies

James — Thu, 20 Nov 2008 15:38:15 -0800

My old friend and colleague, former Texas AG Jim Mattox, passed away yesterday at the age of 65.

While much will be read about this colorful son of Texas, few realize that he raised his sisters after the passing of their parents. Having come to a high place from humble origins, Jim Mattox left office in 1990 saying "I feel like a turtle on a fencepost. I didn't get up here by myself, and I thank you all..."

Thoughts of the day

James — Mon, 17 Nov 2008 07:00:47 -0800

1. Incoming members of Congress have 200 tickets to the inauguration of President Obama. Outgoing members of Congress have 2 tickets to the inauguration of President Obama.

2. While attending a wonderful choral/brass presentation yesterday afternoon at an Upper West Side Church, I turned to look up into the choir loft to see the organist and the choir. In doing so, I could not help but note that the man behind me was reading a copy of "Oil and Gas Journal."

Feeling Bad for John McCain - The Gipper Died

James — Mon, 27 Oct 2008 10:35:58 -0700

I felt badly for John McCain on "Meet the Press" yesterday as he stumbled about trying to just lose by a little instead of by a lot. Moderator Tom Brokaw threw him a softball question and asked him for the name of a movie that best reflected his current political condition.

"Say 'Rocky," I said to the TV set. "Sure the movie is 32 years old, but it has a run on cable and there is a demographic of voters who were inspired by the come from behind, Italian boxer who defied all odds. Rocky was a 1970's "Joe the Plumber!" Say Rocky!!"

Sen. McCain seemed flumoxed by the question.

After a few moments, he said:

"Knute Rockne and The Gipper! That's the one!"

For my readers under the age of 50, Sen McCain was referring to a 1940 movie starring Pat O'Brien and Ronald Reagan wherein a dying member of the Notre Dame football team asks his coach to inspire a future generation of the Fighting Irish to :"Win One for the Gipper."

As I said, I am feeling badly for Sen. McCain.

32 AG's settle with Eli Lilly over off label marketing of Zyprexa

James — Tue, 07 Oct 2008 08:16:15 -0700

32 state AG's have announced a $62 million settlement with Eli Lilly and announced a conset agreement wherein the drug maker brings its off label marketing campaign into compliance with state consumer laws. While the dollars are the most for this kind of case, the "dog that didn't bark" in this case is once again the fact that appropriate federal agencies sat on the sidelines while the AG's protected the accuracy of information that comes to us as consumers. It is no small wonder that the drug industry is racing to preempt state jurisdicion in the soon to be argued Wyeth matter that is pending before the US Supreme Court.

Notes from the trail - Wa

James — Sun, 05 Oct 2008 12:36:41 -0700

Just when we all feel like a frustrated Diogenes, someone comes along who does it right. The Office of AG in Wa, led by AG Rob McKenna who is in the midst of a hot and heavy campaign for reelection, is about to file a serious campaign law violaton against the state GOP. Although he has recused himself (something that is not required either legally or ethically), the case will proceed.

AG McKenna is the sort of elected official who should give us all hope that it doesn't have to be as bad as it so often is. AG McKenna is committed to doing the right thing. We are all fortunate that he is in elected office.

Notes from the Campaign Trail - Mo

James — Sun, 05 Oct 2008 12:31:30 -0700

There are very few open and competitive races for AG this year, so both political parties political operations are able to stream a lot of money into just a few states. That being said, the GOP operation (RAGA) just sent an astounding $1.1 million to that candidate - dwarfing the Dem (DAGA) contribution of $200,000. Election day is a month away, however, so watch the escalation in the next weeks. That being said, the top of the ticket generally calls the shots downstream making it very, very hard for a candidate to break away from his/her party during these partisan times.

NM AG Upholds Gov Exec Order on Health Care

James — Thu, 07 Aug 2008 13:29:45 -0700

The full extent of a Governor's authority to issue exec orders (or declare a State of Emergency) is murky at best. NM AG Gary King ruled today that his Governor, Bill Richardson, was within his authority to require that state contractors with six or more employees carry health insurance. Litigation is sure to follow.

William Wirt - our longest serving US AG - and his musings on an election that would get him fired. Thanks to Google!

James — Wed, 06 Aug 2008 08:39:05 -0700

One of the benefits/burdens of my esteemed position as the Director of the National State Attorneys General Program here at Columbia Law School (http://www.stateag.org) is that I have a rather obsessive interest in history of prosecution in the United States. I suppose this is why I have been spending time on this beautiful August day purusing the "Memoirs of William Wirt" who is our country's longest serving U. S. Attorney General.(1817-1829).

Wirt was a Virginian who first broke onto the national scene when he was appointed by Presdent Jefferson to be the Speciial Prosecutor in the matter of Vice President Aaron Burr. (Wirt had previously published a number of speeches by one Patrick Henry and might have embellished a bit. He is reputed to have created the cry "Give Me Liberty or Give Me Death" a full forty years after Henry's alleged peroration.)

Wirt then served as Attorney General in the cabinet of Presidents Monore and JQ Adams, but in 1828, he noted the inevitable rise of Andrew Jackson and the resulting end to his career in government. In March of that year, he wrote to a friend:

"A man is bound to do all he can for his country. But if his countrymen all choose to become Bedlamites, I see no good that can be done by committing himself to its manic fury. So I leave things to those "who hold winds in his fist"...and am content to paddle my canoe along the still suface of a mill pond, well satisfied to catch my little mess of fish, and eat them in peace, surrounded by my wife and children." (page 243 - Memoirs of William Wirt, edited by John P. Kennedy and published in 1849.)

Wirt's retreat to a bucolic life and the rise of Jacksonian democracy did not sideline the former AG for long. Wirt soon agreed to the request of Sen. Daniel Webster to represent the Cherokee Tribe (Cherokee v. Ga.) in landmark litigation. Further, and in a precursor to Sen Obama's decision to turn down tenure at U of Chicago, Wirt turned down a slot at UVa Law School (a request made by then former President Jefferson) and decided to run for President on the Anti-Masonic ticket (notwithstanding he was an active Freemason.)

He didn't win, but he did carry Vermont.

(Access to this book was made possible by those individuals employed by Google who are spending today in the basement of the New York Public Library digitizing long out-of-print books. I thank each and every one of them!)

A New Great Book, Lobsters and state attorneys general

James — Tue, 29 Jul 2008 07:55:46 -0700

Columbia Law Professor Mike Heller has written an extraordinarily thoughtful book entitled "The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives." Written in the tone of Malcolm Gladwell's "Blink," Larry Lessig's "The Future of Ideas," and Tim Wu's "Who Controls the Internet?", Heller examines the phenomenon when too much ownership can block its highest and best societal use. In doing so, he introduces the reader to new terms ("underuse" and "the tragedy of the anticommons") and creates a new language with which to grapple with issues both theoretical and real.

I read the book last weekend and strongly recommend it.

At one point, Heller cites the so-called "lobster gangs" of Maine wherein lobster fisherpersons (trust me, there are many women who are hauling traps even as I write) have their own codes which he likens to the "management principles of Tony Soprano." This colorful and fanciful description (written by one of the many NYT reporters who buffalo their editors into summer vacations in Maine by conjuring up silly stories) nonetheless brought back to mind my ten years as AG of Maine and of wrestling with the lobster issue. Working with the then Maine Commissioner of Marine Resources - who had the marvelous name of Spencer Appolonio - and with all stakeholders, we did fashion a resource sensible/law based solution. I only wish we had Heller's book during our struggle. It would have assisted us in using a language that made sense to all involved.

Attorneys general struggle with the issue of ownership everyday. The implications of Kelo v. City of New London continue to trouble all aspects of state regulation. I suggest that the attorneys general give themselves a break and pick up Heller’s new book. I suggest that they focus on the chapter entitled “The New Lexicon” and the chapter that deals with the spectrum issues.

In doing so, leave your personal prejudices at the door and get into the new place that Heller will take you.

Ne Gas Price Fraud

James — Tue, 17 Jun 2008 08:31:22 -0700

An article in this today's North Platte Bulletin has caught my eye. It seems that the Nebraska Department of Weights and Measures has caught several gas stations selling ethanol products as premium gasoline. This sort of fraud may or not go undetected when the price of fuel is half what it is now, but in these troubled times there will be little tolerance shown for fraud.

Md AG Gansler Threatens Suit over Gas Price at Car Rental

James — Tue, 17 Jun 2008 08:27:26 -0700

Md AG Doug Gansler's threat to sue car rental companies for excessive per gallon charges - some "Don't Gas Up" charges were hitting $8 a gallon in Maryland - has brought some relief and an article about the practice in USA Today. Gansler's move is generating discussion among his colleagues at this week's National Attorney General Association (NAAG) conference. If the practice is not curtailed, I would expect other state AG's will act.

Ma AG and Child Labor Laws

James — Mon, 16 Jun 2008 10:06:37 -0700

Now that the strains of "Pomp and Circumstances" have faded away, millions of young high school students and graduates will be out in the workforce. Although often too young to vote, they are entitled to the protections of our labor laws.

Ma AG Martha Coaxley maintains a website - http://www.laborlowdown.com - and runs radio advertisements informing her state's young people that they are protected by the minuimum wage and other labor laws. Her goal is to arm these young citizens with the knowlege that they are protected by the same laws and constitution as the rest of us.

My question is simple. Why don't other AG's do the same thing?

Me AG and Hospice Care and End of Life

James — Thu, 12 Jun 2008 10:07:46 -0700

From time to time I get to use this forum to brag about my own AG - Maine AG Steve Rowe - and today I do so because of his outstanding work with the Maine Hospice Council and Center for End of Life Care. AG Rowe personnally moderated discussions about Maine "End of Life" care in a series of seven Town Meetings across the state. The discussions drew several hundred particpants and transcripts have been created that will in turn become a report that should be out soon. AG Rowe's efforts are part of an on going effort by state attorneys general to address this important area of concern.

For more information, go to http://www.naag.org and http://www.stateag.org in the section entitled "Pain and End of Life."

Ma AG and Hospital Regulation - Catholic Hospitals retructured

James — Tue, 10 Jun 2008 15:40:30 -0700

As state AG's increasingly utilize their jurisdiction over non-profit organization governance they are having to face their responsibilities when hospitals find themself in trouble.

The bold action recently taken by Ma AG Martha Coaxley when faced with a sobering report on the operation of six Catholic hospitals in eastern Massachusetts might serve as a harbinger of things to come.

The bottom line is that a report that the AG had commissioned reported that the Caritas Christi Health Care system had serious governance and financial problems. Owned by the Archdiocese of Boston who had been unable to find a Catholic purchaser, AG Coakley announced on May 20 that the Archdiocese had agreed to give up control of the hospital system.

The Attorney General's office approved a plan that leaves the Archdiocese with "veto power over major strategic moves, including major transactions, Catholic identity, bylaw and charter changes as well as the hiring of the president and chief executive officer." The AG's office also reported that, "Under the amended Bylaws, Caritas will be governed by a 16-person Board of Governors, three of whom shall be appointed by the Archdiocese, one of whom shall be appointed by the Dominican Sisters of the Presentation, one of whom shall be the President and Chief Executive Officer of Caritas serving ex-officio and the balance shall be elected by the Board."

AG Coakley had previously identified the need for the Archdiocese to release control over "over strategic, operational, and financial matters of Caritas while retaining influence only over matters of religious direction" as the most compelling priority.

The number of hospitals that are in trouble is growing. My prediction is that AG's will have to begin to turn their direction to what they are doing to do about it when it lands in their lap.

De AG Does the Courageous thing by taking on his own "client."

James — Sat, 17 May 2008 12:33:46 -0700

Ten month ago, Delaware media sources published a series of articles that detailed horrific conditions within the Delaware Psychiatric Center (DPC), a state institution that has long been an object of controversy. Delaware AG Joseph “Beau” Biden immediately, and without any public acknowledgement, commenced a full investigation.

Last week, Biden announced that his investigation had found “systemic violations” of the Delaware Mental Health Patient’s Bill of Rights. He stated that the DPC had failed to prevent both physical and emotional abuse, failed to correctly use restraints and used “unjustifiable force.” He announced a comprehensive agreement that includes an outside monitor and has not ruled out charges should the agreement not be fully implemented.

The DPC is a state agency and as such a “client” of the Delaware AG’s office. Lawyers assigned to the DPC report to Biden and they continue to represent the DPC on a wide variety of cases including a pending investigation of the U.S. Dept of Civil Rights. Despite the protestations of the Governor and her staff (she is of the same political party as Biden), the AG proceeded with his investigation by not using those on his staff representing the DPC and instead used the staff of his Medicaid Fraud Division. Until last week’s announcement of an agreement, this entire matter took place outside the aura of media scrutiny.

AG Biden handled this matter with the highest degree of professionalism. He took on his own “client” and leaders of his own party regardless of the political implications in order to do the right thing for those vulnerable citizens who live at the DPC.

There are many in our country who do not understand that the state AG is unlike any other lawyer in their state. As its Preamble suggests, the Model Rules of Professional Responsibility simply do not apply to a state AG whose first duties are to enforce the law. The common law legacy of state AG’s allows them to take on corruption and malfeasance of their own “client” agencies which are too often captured by outside forces.

I addressed this precise issue in remarks to the Spring NAAG Meeting. You may see either the notes or the video at the website of the National Association of Attorneys General at http;//www.stateag.org.

"Passed on to glory...."

James — Wed, 07 May 2008 16:03:28 -0700

New York Times - May 6, 2008 - Article on voter turnout in Indiana:

"....In many parts of the state, turnout was said to be near a record high. “I’ve seen people I thought had passed on to glory, and young folks that sit around and usually don’t care,” said Carlotta Blake-King, an elections judge at a polling place in Hammond."

U.S. Harry Reid embarasses himself on polygamy

James — Wed, 30 Apr 2008 14:40:42 -0700

U.S. Sen. Harry Reid (D-Nev) may or may not be a good U.S.Senator (a matter no doubt firmly lodged in the eye of the beholder), but he certainly was wrong when he attacked AG's Mark Shurtleff (R-Ut) and Terry Goddard (D-Az) on their prosecutions of polygamous activities. Speaking on a radio station, he stated that both AG's were "afraid" of prosecuting cases because of the "political clout" of supporters of polygamy. Reid is now wisely scrambling to retract his irresponsible statements. Because he is the Senate Majority Leader and is apparently important to getting the U.S. Dept. of Justice to get do its job of prosecuting federal crimes that are occuring within the polygamous community (estimated at 60,000 in the states of Utah and Az.), let's hope that everyone gets back together.

Sen. Reid isn't the first federal politician to not understand how prosecutors make decisions. Deeply engrossed in a DC based culture of partisanship and cheap shots, it is hard for them to believe that there really are elected officials - like Shurtleff and Goddard - who call it straight.

I suggest that Sen. Reid spend sometime with his colleagues who have serious prosecutorial experience - Sens. Lieberman, Cornyn, Salazar, Pryor, Sessions, Kloblchar, Kerry and Leahy - before he next opines on the job of bringing tough cases. If he does, we will all live in a better country.

Lenders Fight Regulation and an honest response

James — Mon, 28 Apr 2008 17:44:03 -0700

Today's papers carry the story that while mortgage lenders acknowledge the on going disaster, they battle even the smalled attempt at regulation. In response, former Iowa AAG Kathleen Keest, who not is a sr. policy counsel at the Center for Responsible Lending, was quoted in the NYT as saying: "The Fed has accurately diagnosed that this is a brain tumor and responded by prescribing an asprin....in the industry, there is a fair amount of denial. They just don't get it. There is a calamity within the industry, and they don't have a new script yet, so they rely on the old script, which is that regulation will raise costs."

"What we now see is that the unintended consequences of deregulation are worse. Their line is that regulation will cut back access to credit. That's been their line ever since the small loan laws were adopted in the early 1900's."

AG's who supervise DA's

James — Fri, 25 Apr 2008 04:18:39 -0700

Ut AG Mark Shurtleff's office is investigating allegations of impropriety by a former District Atty. While the former DA supports the review, he questions whether the AG's office will be impartial because the AG personally had politically supported someone else for the DA slot. In these overly harsh times (and in the wake of the Gonzales administration where a few US Attys. were rewarded or penalized for how they handled politically sensitve matters), it is not irrational to question whether an AG's office can rise above prior political relationships to do what is right.

I cannot vouch for every AG in every state, but I can say that historially AG's have overwhelmingly done the right thing on these sorts of cases. Only a prosecutor can really oversee another prosecutor, and the alternatives to the AG's office - a special prosecutor, another DA or the feds - pose far greater problems for us all than the professionals in an AG office.

As for this case and the Utah AG? My knowledge of Shurtleff and his staff leads me to conclude that there is no question that this one will be done by the book.

Ministers and Congregants

James — Thu, 10 Apr 2008 09:34:27 -0700

http://www.revtierneyeliot.net/?p=113

I am attaching a post by my oldest son, Adam, who is a UCC Minister in Natick, Ma. As you can see, Adam rejected my legal profession and became a very thoughtful man of the cloth. His perspective is relevant to the on-going debate on Rev Wright and Sen Obama.

Individuals choose their spiritual leaders for many reasons that - shocking as that may be - have nothing to do with politics and, I believe, that deeply personal choice should be respected even should that person seek public office. The concept that individuals should stay or leave a congregration based on the politics of the Minister is wrong and strikes at the heart of many American values. Practically speaking, holding elected officials to the political views of their Ministers isn't exactly a grand way to get politicians in the pews!

I received a call yesterday from a dear friend who is a former attorney general. He said that reading Adam's blog took him back to his childhood when his Minister dad regularly urged his congregation to accept radical views and take steps that were then illegal. They disagreed with him, of course, but they defended him against outside attacks because he had stood with them in thier darkest and brightest times. He loved them and they loved him.

His dad?

An integrationist, white minister in Mississippi in the 1950's and 1960's.

Non-Profit Hospitals and the Profits they make - a role for AG's?

James — Fri, 04 Apr 2008 12:14:34 -0700

Todays's Wall Street Journal ran a front page story that begins:

"No nprofit hospitals, originally set up to serve the poor, have transformed themselves into profit machines. And as the money rolls in, the large tax breaks they receive are drawing fire.

Riding gains from investment portfolios and enjoying the pricing power that came from a decade of mergers, many nonprofit hospitals have seen earnings soar in recent years. The combined net income of the 50 largest nonprofit hospitals jumped nearly eight-fold to $4.27 billion between 2001 and 2006, according to a Wall Street Journal analysis of data from the American Hospital Directory."

A few AG's have been active in the area of posting and/or nudging the community benefits required by the laws that grant non-profit hospitals their unique status. In January, Montana AG Mike McGrath posted the results of a statewide survey where some hospitals looked like saints and some like sinners. (Montana Hospitals Report (PDF)) In Ma, the last three AG's have required hospitals to post community benefit statements. ( Attorney General's Community Benefits Guidelines )

Most AG's, however, do nothing.

Being hit on the front page of the WSJ is not a good thing. I cannot imagine that both the hospitals and the AG's will not be addressing this issue in the immediate future. If they do not, then the next Congress will not be as reticent at this one.

As one former AG said to me in an email after reading the story, "ouch!"

"Ouch," indeed.