Question of the day
Thursday, May 19, 2011 - Posted by Rich Miller
* Illinois attorneys general have long been consumer advocates, stretching back to at least Neil Hartigan. Lisa Madigan has cranked it up even further…
Illinois Attorney General Lisa Madigan is joining the chorus of voices opposed to House Bill 14. The bill proposes upgrading state utilities to create a so-called “smart grid.”
Power companies claim modernizing will protect against outages and save consumers money down the line. For now it would mean higher ComEd bills. But Madigan argues there’s already a fair system in place that ComEd should use to make necessary improvements.
She says ComEd “actually wants a guaranteed profit where they don’t have to go through a system to get it. They want to go directly into your wallet. They don’t want to have to prove what they did was reasonable or fair. They just want your money.”
Madigan says as the bill is written, utility companies could increase rates before getting the state’s approval and there’s no cap on how high rates could rise.
The AG’s office also does senior services (begun by Hartigan), crime victim assistance, open government, and lately she’s been taking on a major role of combatting sex offenders.
* The Question: What do you think should be the central role(s) of the Illinois attorney general’s office? Explain.
- Yellow Dog Democrat - Thursday, May 19, 11 @ 12:39 pm:
The People’s Lawyer!
I don’t think there’s been enough emphasis on identity theft as part of consumer protection.
Also, it seems like it should be the Attorney General, not the Cook County Sherriff, working to reduce foreclosures.
Crime PREVENTION, including fighting for increased investment in substance abuse treatment and mental health services.
- 47th Ward - Thursday, May 19, 11 @ 12:40 pm:
Good question Rich, I hadn’t really given this much thought. I think the AG’s primary role is to enforce civil laws in the state, with emphasis on consumer protection, environmental regulation, and guardianship cases with vulernable populations, including seniors.
It seems like a lot of AGs tried to transform the office into some sort of junior G-man role. Roland Burris got his “statewide grand jury” bill passed, although I think its next indictment will be its first. The AG is NOT a crime-fighting agency, although it could do much more to uncover/investigate fraud and public corruption.
The prison guard W/C case is a prime example of where an AG should focus whatever “crime fighting” resources exist.
- Johnny USA - Thursday, May 19, 11 @ 12:43 pm:
She says ComEd “[..] they don’t have to go through a system to get it. They want to go directly into your wallet. They don’t want to have to prove what they did was reasonable or fair. They just want your money.”
Sounds to me like ComEd is trying to muscle in Springfield’s territory.
- Ghost - Thursday, May 19, 11 @ 12:44 pm:
The AG’s ofice should serve as the general counsel for the State of Illinois and its citizens. This would include protecting the citizens and enforcing laws that protect/benefit the public such as environmental regualtions, consumers laws, criminal violations etc.
I also would suggest that the ag office be appointed to oversee requests or FOID cards for people who have ben convicted of domestic battery offesnes. Federal law prohibitsthem from owning guns or ammunition, but the State FOID law allows them to have their local States Atorney approve of them getting the FOID card.
- Cincinnatus - Thursday, May 19, 11 @ 12:50 pm:
“The General Assembly has set forth the principal duties and responsibilities of the Attorney General in Sec- tion 4 of the Attorney General Act (15 ILCS 205/4)…”
A casual reading of the statute (summarized below), which clearly illuminates the responsibilities of the office of the AG, would say “consumer protection” does not fall under the its purview.
- Cincinnatus - Thursday, May 19, 11 @ 1:02 pm:
Looking a bit further, and not surprisingly, there is a clause that says “and other duties as assigned by supervision” which means the legislature. So, if an area in the AG’s office isn’t covered by the enabling legislation, it would require direct authorization (and funding) from the GA in order for the AG to act.
In which case, who authorized and funded the shiny malt liquor work?
- State Glacier - Thursday, May 19, 11 @ 1:02 pm:
Lisa Madigan has no right to rest her laurels on sex offender issues. Illinois is actually very behind the times when it comes to sex offender policies. We have no functional Sex Offender Management Board. The state does not use risk assessment to tier sex offender registration periods (something the smart states do). Instead of using law enforcement resources wisely, she seems to support any increase of penalties and
restrictions she can do a press conference on. Sorry to be so negative, but I have been watching this train wreck from close up for a long time and it is a sham. We have all kinds of problems from these policies that all the agencies no about but they can’t say anything because of the AG. It is her pet issue, but truthfully, she has not done the work to make good policies.
And now the same thing with the federal Adam Walsh implementation. More of a mess.
- CircularFiringSquad - Thursday, May 19, 11 @ 1:14 pm:
We think a big part of the job should be to follow up on corruption cases with others, who remain nameless, but have initials are U.S.A., when they drop the ball and miss the easy ones
- Rich Miller - Thursday, May 19, 11 @ 1:28 pm:
Twice today in two different threads, some people have used the term “daddy” in a derisive manner against female politicians. Enough already. A few of you really need to grow up.
- MrJM - Thursday, May 19, 11 @ 1:47 pm:
The name says it all: The primary duty of the Illinois attorney general is to lead the state’s lawyers into battle!
“Lawsuits may be fought with briefs, but they are won by men. It is the spirit of the men who follow and of the man who leads that gains that victory.” — Gen. George S. Patton (attributed)
– MrJM
- I don't want to know, I already gave up - Thursday, May 19, 11 @ 2:11 pm:
Two things the A.G.’s office should be focused like hawks on:
1) the a.g.’s office should handle the complex criminal litigation that is too tough for smaller counties (like environmental crimes that the feds won’t cover, complicated domestic battery issues, etc.) and the complex criminal litigation that involves multiple jurisdictions (i.e, the statewide grand jury for drug offenses). For the most part, the A.G.’s office (along with the State’s Attorney’s Appellate Prosecutor’s Office) does a good job of this.
2) The A.G.’s Office should help be the watchdogs of what goes on at the County-level whether it be local corruption and/or open access type issues. Unfortuantely, the A.G.’s office doesn’t really do this, rather, this seems to be the domain of Federal Government.
- Fed up - Thursday, May 19, 11 @ 2:13 pm:
The AG could take a proactive role in fighting political corruption. Many corruption cases are criminal but are not big enough for the Feds to care about. Just like fraud or drugs the Feds don’t care if the dollar amount or weight doesnt meet their minimum. Besides the political corruption I believe that the consumer advocate role is very important and should be expanded.
- Just Asking - Thursday, May 19, 11 @ 2:44 pm:
whatever the constitution and statutes state-no more no less. my non researched opinion has always been- represent the agencies in court.
- 47th Ward - Thursday, May 19, 11 @ 3:15 pm:
The prosecution wrapped up its case today against the former governor. Perhaps the AG might want to look into some of the lower-level hijinks that surfaced when her office first started to look into it.
- Alexander cut the knot. - Thursday, May 19, 11 @ 3:20 pm:
When the law passes and is challenged her office is going to have to defend it. Awkward . . .
- Demoralized - Thursday, May 19, 11 @ 3:22 pm:
Cincy,
The General Assembly does not have the power to set the duties of another Constitutional office. The law may say something and the GA may think otherwise but it would never withstand any challenge. So . . . is pretty much covered.
As to what the AG should do, they should definitely be a consumer advocate and an enforcer of other civil laws of the State of Illinois. The AG should also be the defender of the State as an entity - that is its defense counsel.
- Demoralized - Thursday, May 19, 11 @ 3:22 pm:
So . . . the AG is pretty much covered. Sorry.
- girlawyer - Thursday, May 19, 11 @ 3:25 pm:
Actually, 47th Ward, the State-Wide Grand Jury meets nearly every month. Does it not exist for you because it meets in Springfield rather than Chicago?
- 47th Ward - Thursday, May 19, 11 @ 3:35 pm:
Thanks girlawyer. How many indictments have been issued so far?
- Cincinnatus - Thursday, May 19, 11 @ 3:35 pm:
Demoralize,
There is a state statute that covers the AG, as I quoted above. Here’s a link for you to read. Who writes the statutes?
- Cincinnatus - Thursday, May 19, 11 @ 3:35 pm:
http://law.onecle.com/illinois/15ilcs205/4.html
- wordslinger - Thursday, May 19, 11 @ 3:46 pm:
Very good question, and I think YDD and I Don’t Want to Know hit it pretty good.
Definitely the people’s lawyer on environmental, consumer and insurance issues. And the baddest person on the block for seniors, the developmentally disabled, wards of the state and others who have nowhere else to go when faced with a malignant, stronger opponent.
And I’d have loved to have see the AG tie up the outlaw TARP babies in knots when, after they cashed the taxpayer checks, came railroading folks out their homes without even the proper paperwork.
Bascially, a Bad lawyer to deal with bad people.
Following up on the small-fry that the federales toss back in? That’s interesting. I don’t think they have the goods right now.
- Cincinnatus - Thursday, May 19, 11 @ 3:49 pm:
Does the public act defining the duties of the AG carry any weight, Wordslinger?
- DNA - Thursday, May 19, 11 @ 3:51 pm:
Lisa Madigan’s father is a very powerfull politician in Illinois. I wonder what will happen to her politcal career after her father retires and is no longer able to enable her? Right now Lisa Madigan spends more than 37 million dollars to hurt Illinois business owners. Sheeesh. If Lisa can’t take the heat she should get out!
- 47th Ward - Thursday, May 19, 11 @ 3:52 pm:
I did some digging girlawyer, and managed to find a handful of criminal indictments from statewide grand juries. Looks like one or two every couple of years, mostly for meth and other drug related cases.
Unless I’m missing a link to a good source of info, it seems like monthly grand jury meetings aren’t the crime solution they will billed to be. My criticism isn’t meant to suggest they are not important, simply that traditional criminal prosecutions are not the primary function of the Illinois AG. The website’s lack of info on this subject supports my contention.
But I was wrong to suggest that no indictments had come down. There have been a few, and they’ve gotten some convictions in these cases, which I applaud.
- Cincinnatus - Thursday, May 19, 11 @ 3:56 pm:
And the answer is Yes, in section 6.5, the AG can work on issues related to public utilities. This still begs the question on the shiny malt liquor stuff.
- wordslinger - Thursday, May 19, 11 @ 4:04 pm:
–Does the public act defining the duties of the AG carry any weight, Wordslinger?–
Absolutely, and if you do some reading in that long shelf of books called the Illinois Compiled Statutes you’ll find it’s chock-full of duties for the Illinois attorney general.
That’s irrelevant, though, because I answered the question posted by the host. You might want to read that, too.
- Demoralized - Thursday, May 19, 11 @ 4:07 pm:
Cincy,
I know there is a statute but I don’t believe that the AG needs permission from the GA to do anything.
I’ll quit there b/c it isn’t related to the question.
- Mongo - Thursday, May 19, 11 @ 4:32 pm:
@DNA
I interned many years ago (1989) in the AG’s office and I gotta tell you, with the meager resources we had then and comparatively have today, we only went after business owners that had hurt others with noncompliance in a wide range of categories.
The AG would be out of business if “busines owners” (hey wait a minute, I am one of those!) and local governments would follow the spirit and intent of the complex laws that come out of Springfield.
So, there is a good purpose. Protect the public by addressing environmental, consumer, especially those who cannot protect themselves, and insurance issues (thanks to other commenters).
- Plutocrat03 - Thursday, May 19, 11 @ 6:28 pm:
Consumer advocate,great, but why not consider the abuses of power by sitting pols?
Former governor on down to currently serving officials.
- 4 percent - Thursday, May 19, 11 @ 6:46 pm:
Crack down on fraud in the Work Comp system. It’s been served up on a silver platter for her and she’s ignored it. Could really raise a positive profile in the business community.
- Yellow Dog Democrat - Thursday, May 19, 11 @ 6:58 pm:
@Plutocrat -
The problem with this or any other AG crusading against public corruption is:
1) There are only two degrees of separation between any two elected officials;
2) Prosecutions would always be viewed as political;
3) The FIRST line of offense against corrupt local public officials is the county State’s Attorney.
@4 percent - Worker’s comp fraud is currently the purview of local state’s attorneys, although there is support for including language in reforms that would embed someone from the AG’s office in the Worker’s Comp Commission to prosecute fraud, insteadf of just reporting cases to local state’s attorneys who fail to prosecute.
- Mark - Thursday, May 19, 11 @ 11:55 pm:
I view the IL Attorney General as the top legal officer of the State, defending the State against predators. I am fine with all the roles that Rich mentioned are currently being performed by the IL Attorney General: Consumer Advocates (& Protection incl gas & utility billing), Senior Services (& Medicaid Fraud), Crime Victim, Open Government, & Sex Offenders.
- Oh, please.... - Friday, May 20, 11 @ 6:57 am:
The AG actually brings an incredible amount of money back to the state via monetary settlements from lawsuits on medicaid fraud, consumer issues, etc.
- JustaJoe - Friday, May 20, 11 @ 9:15 am:
Political corruption and other abuses within government. Setting the operating rules and uniformity for things FOIA, compliance with Rutan, etc. Also, protection of the consumer, including regulated utilities & commerce.