A Republican candidate for Attorney General wants to expand the duties of the role to include criminal investigation and prosecution. His highest profile rival in the race thinks that kind of power goes beyond the scope of the office.
Senator Mike Stuart, a former U.S. Attorney for West Virginia’s Southern District, put out a statement today advocating for enhanced powers for the Attorney General.
“The Attorney General plays an important role but it can do far more. It is time for the West Virginia Legislature to reasonably expand the authority of the Attorney General to include criminal investigation and prosecution,” Stuart said.
“It is in the best interests of the people of West Virginia for its Attorney General to use every possible tool to best represent our citizens and to work in partnership with local prosecutors and law enforcement to strengthen public safety.”
Senator Ryan Weld, also a Republican candidate for Attorney General, suggested that’s overreach.
“I absolutely would not pursue such a dangerous weaponization of state government as the next attorney general,” Weld stated in response.
“Being a former county prosecutor, I know just how hard our elected prosecutors, their assistant prosecutors and local law enforcement all work to keep our communities safe. Local government control and reducing our bureaucracy always have been priorities for me as a legislator – this does the opposite,” Weld said.
If the Legislature were to consider expanded prosecutorial powers for the Attorney General, Weld and Stuart would likely be at the center of those discussions. Each currently serves on the Senate Judiciary Committee, which focuses on aspects of the state’s legal system.
The Attorney General’s Office serves as the state’s top legal representative. The office pushes for or defends legal actions on behalf of the state. The Attorney General also gives written opinions and advice interpreting state law. The office also has duties related to consumer protection, unfair trade practices and civil rights.
State code specifically outlines the ways the Attorney General’s Office interacts with county prosecuting attorneys: “he may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office.”
Weld, a former assistant prosecutor in Brooke County, said those powers should only go so far.
“State law already contains numerous ways for prosecutors and local law enforcement to request assistance in criminal matters – including from the Attorney General’s Office. I have full faith in the abilities of our elected prosecutors and sheriffs to do their jobs, and I see absolutely no reason to increase the size of our state government by taking away their powers and giving them to Charleston,” he said.
Stuart cited his own experience as federal prosecutor in concluding the Attorney General needs more criminal prosecutorial authority.
“Local prosecutors do a great job in West Virginia but often with too few resources, too few prosecutors, and little to no multi-county, regional or statewide strategic coordination,” Stuart said.
“An Attorney General with the authority to initiate and coordinate criminal investigations and prosecutions would significantly strengthen public safety and government accountability statewide.”