CHARLESTON – A Republican candidate for West Virginia Attorney General has proposed expanding the power of the office to include criminal investigation and prosecution.
Another GOP candidate for the office, however, doesn’t support that idea, calling it “a dangerous weaponization of state government.”
“The Attorney General plays an important role, but it can do far more,” Mike Stuart said in a campaign press release. “It is time for the West Virginia Legislature to reasonably expand the authority of the Attorney General to include criminal investigation and prosecution.”
Weld
| File photo
Stuart, a former U.S. Attorney and current state Senator, said AGs in most states have the authority to empanel a grand jury, investigate criminal activity and to prosecute drug dealers, child predators, insurance and Medicaid fraud as well as public corruption.
But that isn’t the case in West Virginia, which is one of 11 states that provides no original criminal authority to the office.
“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,” said Stuart, who also is a former chairman of the state Republican Party. “As a former United States Attorney with a big record of prosecuting drug dealers, fraudsters and corrupt public officials, I understand the pivotal role a prosecutor can play in protecting our families, communities and the state of West Virginia.
“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. An Attorney General with the authority to initiate and coordinate criminal investigations and prosecutions would significantly strengthen public safety and government accountability statewide.”
The only other candidate to announce a run Ryan Weld, a fellow Republican state Senator, disagrees.
“I absolutely would not pursue such a dangerous weaponization of state government as the next attorney general,” Weld said May 23 in response to Stuart’s release. “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.
Weld said county officials already have methods to get help.
“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,” Weld said. “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.”
Stuart said giving criminal authority to the AG is “common sense.”
“The drug scourge is a perfect example,” he said. “It has overwhelmed the system. Overdose records are broken every single year. A coordinated statewide response with an Attorney General given the tools to wage the battle could make a big difference.
“I have the experience and background to build the criminal investigative and prosecution infrastructure that is needed to fully respond to the challenges thrust upon us by the ‘bad guys.’ Honest, law-abiding West Virginians want an Attorney General with the ability to solve problems and save lives.”
He also said the change is desperately needed.
“As the next Attorney General for the Great State of West Virginia, I look forward to working with House and Senate Leadership and members of the Legislature to necessarily and reasonably expand the role of the Attorney General with, of course, essential Legislative oversight,” Stuart said. “The Legislature has made important changes in the operations of state government, and this is another area where changes are needed.”
Stuart and Weld are the only two candidates who have announced plans to run for the office. Current AG Patrick Morrisey has announced plans to run for governor in 2024.