Governor responds to McGraw lawsuit: ; Attorneys say agencies can hire own lawyers

DAILY MAIL STAFF

Gov. Bob Wise and his attorneys have fired back their firstresponse to the lawsuit by Attorney General Darrell McGraw thatseeks to bring all state lawyers under his control.

The answer that came from the Governor's Mansion refuted McGraw'sargument that since he is empowered by the state Constitution torepresent the state in legal disputes, he is the only one allowed todo so.

"(McGraw) asks this court give him authority to scrutinize andjudge all areas of government by his own measure of right and wrong,rendering each office and agency ultimately voiceless in thedetermination and completion of its own affairs," reads the responsewritten in part by former Supreme Court Chief Justice Thomas Miller.

"This attempt to gain such power is patently unconstitutional."

The long response goes on to say that the very concept ofseparation of powers that McGraw argues supports his suit demandsthat the various agencies and the governor be free to seek their owncourse, without McGraw's permission.

McGraw filed suit against the state Department of Administrationclaiming that the agency has illegally been paying for attorneys forother state agencies. The state Supreme Court, led by the attorneygeneral's brother, Chief Justice Warren McGraw, has yet to acceptthe case for hearing.

But on Thursday, the five justices will meet in conference forthe first time since Wise filed his response last week.

The attorney general wants the court to bar all other agenciesfrom hiring or retaining lawyers without his approval, and to placeall 216 attorneys in 40 state executive agencies under hisauthority.

In his response to the attorney general's suit, Miller, aided byWise lawyers John Poffenbarger and Heather Connolly, argues that theability to seek outside counsel and retain lawyers is"indispensable" for state agencies.

The response says that the Legislature has acted within itsbounds to approve money for in-house lawyers and legal costs forexecutive agencies.

The administration, the response says, was also in the right toseek to defend itself and press its interests in court.

"The attorney general seeks to be the exclusive attorney providerfor all of state government regardless of the Legislature's failureto designate him and in opposition to the Legislature's clear intentto allow other agencies and offices the right to hire their ownattorneys," the response reads.

Wise has also sent a letter to the Supreme Court asking that ifthe panel accepts the case, the justices would hear from executiveagencies individually before making a decision.

Writer Chris Stirewalt can be reached at 348-4824 or by e-mail atcstire@dailymail.com.