California has a new “top cop” and we offer congratulations to Jerry Brown on his victory.  At the same time, however, Mr. Brown should know the 30,000 supporters of Citizens Against Lawsuit Abuse (CALA) in California are going to hold him to his word.  At the Attorney General debate earlier this year and in subsequent statements, Mr. Brown has made some encouraging statements regarding his views on attorney general activism and the relationship between the AG’s office and private law firms.  Here’s hoping he will also support much needed reforms.

The office of Attorney General wields a great deal of power that could be easily abused.  All over the country activist attorneys general are abusing our legal system and imposing a system of “government by lawsuit” to gain publicity and further their own political agendas at the expense of the people they are elected to represent.

California is, unfortunately, no exception.  This past September Attorney General Bill Lockyer filed suit against six auto manufacturers for contributing to global warming. The Los Angeles Times editorial page deemed this suit “kooky” and “a politically inspired, headline-grabbing stunt by a state attorney general running for state treasurer.” (Los Angeles Times, September 22, 2006)

Our attorney general should be focused on prosecuting criminals not filing frivolous lawsuit that waste the court’s time and taxpayer money until eventually thrown out by a judge.

In addition to using litigation to gain publicity, attorneys general often partner with personal injury firms that are often their biggest political donors. In California, there is little to no oversight or laws for disclosure when it comes to attorneys general and the non-government attorneys they retain.

According to the Capitol Weekly, “(Bill) Lockyer’s aggressive intervention in lawsuits--under a law that, as a legislator, he engineered--has resulted in hefty sums for whistleblowers, their lawyers and others who successfully challenge corporate misdeeds or governmental sloth. Over the past eight years, the False Claims Act Fund, administered by Lockyer, has brought in some $264 million in settlement revenues, assessments, fees and other money.” When contacted by the Capitol Weekly, the attorney general’s office refused to release details of how much private law firms earn in legal fees, citing confidentiality rules. (Capitol Weekly, October 12, 2006)

This lack of disclosure demonstrates a clear need for reforms in the AG’s office. The public ought to have access to information about state lawsuits, settlements and where our tax dollars are actually going.  Mr. Brown has expressed his commitment to using the powers of the office carefully and judiciously; he should support reforms that hold himself and future attorneys general accountable.

Other states have adopted “Private Attorney Retention Sunshine Acts” to address the problems caused by attorneys general partnering with private attorneys. CALA would support similar legislation in California that requires public disclosure and legislative oversight in cases where private attorneys stand to profit from state litigation.

Diann Rogers is the president of Central California Citizens Against Lawsuit Abuse. 
CALA is a nonprofit, grassroots organization dedicated to educating consumers on the human and financial costs incurred when the legal system is abused for greed, harassment or publicity.  More than 30,000 residents in California are CALA supporters. For more information contact us at:  www.StopBadLawsuits.com