Posted on 04/07/2002 9:19:38 PM PDT by Dan from Michigan
Granholm's record being targeted
AG says critics desperate, trailing in polls
By Chris Andrews
Lansing State Journal
When Jennifer Granholm accepted the Democratic nomination for attorney general in 1998, she told party delegates, "Elect me, and I'll say to the people of Michigan, 'I'll take your case.' "
Four years later, Granholm's Democratic rivals for governor are questioning whether she's lived up to her words. They say she's put her role as the attorney for Gov. John Engler and state government ahead of her duties in looking out for the people's interests.
U.S. Rep. David Bonior of Mount Clemens says a Granholm legal opinion last fall could open the floodgates to more charter schools, publicly funded alternative schools, that many Democrats say aren't adequately held accountable to taxpayers.
Former Gov. James Blanchard says that her actions have fallen short in supporting abortion rights and that she was missing in action in the 2000 ballot fight over school vouchers.
"You are the people's attorney," said Blanchard, a former assistant attorney general. "No amount of explaining, frankly, should be allowed to confuse that role."
Granholm says she has made representing the people her priority, whether it's prosecuting post-Sept. 11 price-gouging gas stations, going after Internet predators or helping local police in homicide investigations.
"One of the reasons I'm running for governor is that it's been a frustrating experience representing an administration you disagree with on many, many issues," Granholm said. "But that is the constitutional and statutory obligation."
Muriel Kirby of Lansing can't say enough about how Granholm responded when Kirby asked her for help with the unsolved 1986 killing of her daughter, Jeanette. A combined investigation by the attorney general and the Ingham County Sheriff's Office led to an arrest last year.
"She walked me out to the front door and put her arm around my shoulder and said, 'Take this off your shoulders, it's on our shoulders now,' " Kirby recalled of their first meeting. "She really wanted to help."
Granholm said the criticisms reflect desperation on the part of Blanchard and Bonior, who trail significantly in most polls. The winner of the Aug. 6 primary squares off against the Republican nominee in the Nov. 5 general election.
Granholm, in the final year of a four-year term, makes $124,900 a year and oversees a $63 million budget and a staff of about 600, including 300 attorneys.
The fact that Michigan voters elect their attorney general suggests they expect Granholm to act independently at times, said James Tierney, a former Maine attorney general who teaches at Columbia Law School. On the other hand, there is a clear responsibility to represent the governor and state agencies, he said.
"Many times attorneys general are defending in court statutes they would never have voted for as a legislator," Tierney said.
Bonior contends that where those roles conflict, Granholm has too often sided with Engler and let down Democrats and others who don't share his values.
Bonior campaign officials say Granholm has missed many opportunities to step in on behalf of the public. For instance, they say she should have supported citizens fighting a Perrier water plant in west-central Michigan.
Michigan Citizens for Water Conservation is $70,000 in the red. It is relying on donations as well as bake sales and raffles to raise money for legal fees.
Bonior campaign manager Ed Bruley said the case is a natural for the attorney general. "I don't know why she doesn't defend the people who elected her and why she insists on only defending the Engler-Posthumus administration."
Granholm said she did what she could by issuing an opinion urging Engler to consult with other governors before approving the plant, which would draw millions of gallons of Great Lakes basin water. Engler chose not to follow her suggestion.
Terry Swier, president of the citizens group, said the group had trouble getting help from lawmakers and was happy with Granholm's support. "Thank goodness someone has helped us bring it to the forefront," she said.
Blanchard's criticism of Granholm generally focuses on abortion rights and school vouchers.
Granholm describes herself as pro-choice and has the support of EMILY's List, a national political group that helps raise money for Democratic women who support abortion rights.
But Blanchard, who is pro-choice himself, has criticized Granholm for filing at Engler's request a brief with the U.S. Supreme Court in support of a Nebraska law banning late-term abortions. Michigan had a similar law, which died after the Supreme Court struck down the Nebraska law.
"I would have expected her to wait and see what happened," said Mary Addison, a longtime abortion rights activist who was director of the Women's Commission under Blanchard. "Every time something comes out, she runs behind 'I'm the governor's lawyer.' "
Granholm and Engler administration officials said such actions are part of her duties. "It's her role to represent state government in lawsuits," Engler spokeswoman Susan Shafer said. "For better or worse, we have her and she has us."
Brian Kalt, a law professor at Michigan State University-Detroit College of Law, said the attorney general's roles as government attorney and people's attorney unavoidably create tension.
"Whatever his or her view of what the people want, it's not the attorney general's job to second-guess the governor or the Legislature," Kalt said.
Robert Kolt, who helped coordinate the media campaign opposing the voucher proposal, said Granholm's office turned down his requests for help.
"At the end of the campaign when we obviously were going to win, she apparently all of a sudden saw the polling light and started voicing her opposition to vouchers," said Kolt, an adviser to Blanchard.
Granholm said she didn't help the campaign because she might be involved in legal action if it passed. But she said when asked, she consistently expressed her opposition to school vouchers.
Michigan Education Association President Lu Battaglieri said he's satisfied with Granholm's explanation and support of public schools.
So far, there are few signs that the criticism is resonating with voters, although that could change once candidates begin television advertising blitzes.
"She's somewhat vulnerable if people start caring about it," Lansing pollster Ed Sarpolus said. "People see her as a winner right now. They're not focusing on anything other than they want to win."
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What the attorney general does
Here's how the Michigan Manual describes the responsibilities of the attorney general.
"The attorney general is legal counsel for the Legislature and for each officer, department, board and commission of state government ...
"The attorney general may intervene in any lawsuit, criminal or civil, which the interests of the people of the State of Michigan may require."
Here are some key areas of dispute:
Charter schools
Background: Attorney General Jennifer Granholm issued an opinion that the tribal-run Bay Mills Community College can authorize charter schools across the state because it has no district boundaries.
Criticism: U.S. Rep. David Bonior says Granholm could have responded to lawmakers' request for an opinion without one with such broad implications.
Response: Granholm says she opposes expansion of charter schools but was doing her legal duty in analyzing the law.
Abortion rights
Background: At Gov. John Engler's request, Granholm filed a brief in U.S. Supreme Court supporting Nebraska's law banning so-called partial birth abortions. Michigan had a similar law. The U.S. Supreme Court struck down the Nebraska law and Granholm ended her defense of Michigan's statute.
Criticism: Gov. James Blanchard said she could have declined to file a brief or filed a second brief expressing her own beliefs.
Response: Granholm said she is her duty to represent the governor when he requests it.
Vouchers:
Background: Michigan voters rejected a 2000 ballot proposal to permit public school vouchers. Granholm did not join the coalition campaigning against it.
Criticism: Blanchard, honorary co-chair of the campaign, said she should have offered her support.
Response: Granholm said she didn't because she might have been involved in legal action if it passed. She said she told people when asked that she opposes vouchers.
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