One of state government’s top budget writers is challenging Colorado Attorney General John Suthers for spending taxpayer money to join fights in other states over controversial issues such as gay marriage and the Pledge of Allegiance.
Rep. Jack Pommer, D-Boulder, wants Suthers to explain why the attorney general’s office is plunging into partisan legal battles in other states while begging for more money to protect Colorado consumers from fraud.
“If they don’t have the resources to go after people defrauding consumers,” Pommer asked, “how do they have the resources to go around the country filing ‘friend-of-the-court’ briefs?”
Pommer is one of six legislators on the Joint Budget Committee, which drafts a state spending plan.
Suthers meets with the JBC in January to explain his request for an extra $91,208 next year to add a lawyer to his 14-person consumer-fraud unit.
In his budget request, Suthers said his office lacks funding to complete fraud investigations, making it difficult to enforce the law.
Deputy Attorney General Jason Dunn said “it is not factually accurate” to say that the attorney general neglects his consumer-protection duties to pursue politically motivated cases in other states.
Dunn said the office does not know how much time staff lawyers spend reviewing the cases it joins.
According to its 2005 annual report, the attorney general’s office joined other states to:
Defend a Nebraska law that defines marriage as the union between a man and woman.
Argue that Kansas juries do not need to be instructed to reject the death penalty in certain cases.
Defend a Virginia law that allows the voluntary recitation of the Pledge of Allegiance in public schools.
Argue that the District of Columbia should not be allowed to hold out-of-state firearm manufacturers strictly liable for gun-related crimes committed in the district.
Joining cases doesn’t cost a lot of money because other attorneys general offices spend the staff time writing the briefs, Dunn said. Still, Colorado officials must review the briefs before signing on.
Dunn estimated that less than 10 percent of the state solicitor general’s time is spent reviewing these cases. The solicitor general, one of the state’s top lawyers, makes about $115,000 a year, Dunn said.
The annual report says joining cases is necessary to “protect” Colorado’s ability to set its own direction, priorities and course of governance.”
Pommer said the legislature has already given the attorney general direction: Protect Colorado consumers from fraud.
The attorney general’s office blames its funding woes on the “astounding” growth of the Colorado Consumer Protection Act.
“There have been several amendments and changes made to that act, adding more work for our unit,” said Kristen Holtzman, spokeswoman for Suthers.
The attorney general’s office said there has been a “real explosion” since 1990, with 55 amendments adding 43 new “deceptive trade practices,” according to information submitted with its budget request.
Since 1990, the attorney general has been assigned oversight of groups, such as telemarketers, car salespeople and mechanics, sweepstakes promoters, mortgage loan brokers and the makers of manufactured homes.
Two employees were added to the consumer-fraud unit. One position is dedicated full time to the state’s settlement with tobacco companies.
Staff writer Mark P. Couch can be reached at 303-954-1794 or mcouch@denverpost.com.
