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Home / Washington Business - November/December 2005 / Q&A with Rob McKenna: McKenna Works to Improve Washington's Quality of Life |
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Q&A with Rob McKenna: McKenna Works to Improve Washington's Quality of Life |
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Written On: November/December 2005 |
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Rob McKenna was elected Washington’s 17th Attorney General in November 2004. As the state's chief legal officer, he directs 460 attorneys and more than 600 other employees providing legal services to state agencies, boards and commissions.
Q Why is identity theft such an important issue?
A The statistics alone are staggering. Identity theft and the financial fraud commonly associated with it are the fastest-growing crimes in Washington and nationwide. Our state ranked eighth in the nation last year for identity theft. More than 5,600 Washington residents reported they were victims—nearly 20 percent more than 2003 — and it’s estimated that only a fraction of consumers actually report these forms of fraud.
But the impact this crime has on the lives and families of victims is even more frightening. For many victims, identity theft means more than just a financial nightmare. More and more, we hear of victims being denied a job or insurance as a result of their credit being destroyed. Or worse, victims have been falsely arrested for crimes they did not commit. Businesses also lose an average of $4,800 per victim, and they are increasingly becoming direct targets of identity theft. For more information about the 2005 Identity Theft Summit held on Nov. 2, please visit our Web site at:
www.atg.wa.gov/idtheftsummit.
Q Do you have any set goals for the Attorney General’s Office?
A My priorities as Attorney General have not changed since I was asking Washington citizens to hire me for the job. I wish to improve public safety by allocating more resources to fight growing crimes, preserve voter rights by defending the people’s power of initiative and referendum, and protect taxpayers by avoiding costly litigation, enacting common-sense government liability standards, and improving the efficiency and effectiveness of the Attorney General’s office.
Q Of all of your set goals for the AG’s Office, which of them have come to fruition?
A We are moving forward on all of my priority areas, both in terms of enhancing the performance of the agency, as well as improving public policy. However, I am particularly proud of what we’ve been able to accomplish so far to improve public safety.
Q Organizations like AWB favor open public records. Yet many member businesses are in heavily regulated industries that require businesses to hand over a lot of proprietary data to state regulators. How do you balance the public’s right to know with businesses’ legitimate right to shield proprietary information?
A Public disclosure is a huge priority for me as a means of increasing transparency in government and improving public trust. That’s why I traveled to 13 different cities over the last several months to gather input on model rules for public disclosure. The issue of balancing the public’s right to know against the individual right to privacy was one that came up again and again. This is an issue we hope to address in our model rules. Member businesses who wish to offer testimony on this issue should visit our Web site where they can provide written comments directly to our public records ombudsman.
Q Lawsuit abuse threatens the vitality of our state and national economies because of its perceived deep pockets. However, the state is also a big target of the plaintiffs’ bar. How can the AG’s office help with lawsuit abuse reform in Washington?
A Washington’s courts have greatly expanded the taxpayers’ exposure to liability over the last 30 years. Whereas state law originally meant to hold government liable for the same sorts of activities for which private individuals and businesses are liable, court decisions are increasingly holding governments liable for unique government activities meant to benefit the state as a whole, but not individual citizens.
Government is increasingly liable for the actions of third-party offenders, over whom it has very little control. We are one of the only states in the nation with this broad exposure to liability, and it costs state taxpayers roughly $150 million per budget cycle.
Q What has the Attorney General’s office done to limit the amount of lawsuits against the state?
A The AG’s office created a specialized Torts Division in 1969. The Torts Division obtains dismissal of more than half of tort lawsuits without payment, prevails in more than 90 percent of appeals, has favorable results in almost 75 percent of cases tried, and settles most claims for a fraction of the amount demanded.
In 2001, the governor and Attorney General’s office convened a Risk Management Task Force to review the state’s policies and implement improvements. Yet, many state agencies operate inherently high-risk programs with limited ability to protect individual citizens from all harm no matter how well the government manages its programs. These programs are unique to government and really have no counterpart in the private sector
Q Dealing with state agencies frustrates many businesses. What role does the AG have in regulatory reform?
A The governor and the Legislature make the policy for the state. The Attorney General’s office represents every state agency in Washington and offers advice on interpreting the law. While our office does not have a policy-making role, we can certainly play a role in helping agencies interpret the law as the Legislature intended. I believe the Legislature means what it says when it enacts a law and regulators should not be able to get around laws they don’t like by twisting or misconstruing statutory language.
Q Another one of your personal agenda items is increased prosecution of crystal-meth users and suppliers. How does this drug epidemic create problems for Washington?
A The state crime lab reported a marked insurgence of meth-related evidence in the last quarter of 2004. Deaths involving meth have increased by 11 percent in the last 12 months. DUIs involving meth are up statewide. The AG’s office is directly impacted by the toll meth is taking on children and families.
Last year, 1,337 meth sites were reported across the state. Twelve counties saw increases last year. In over half of meth sites, children are involved. Meth addiction also has a huge impact on DSHS caseloads—and in turn, on our dependency caseloads. For example, 160 of the 250 kids in foster care in Benton and Franklin counties are there because their parents use meth. Meth-using parents have helped drive a 62 percent increase in the foster care population over the past decade.
Q In what specific areas does your office need improvement? What are you doing to improve these areas?
A We’ve worked extensively to improve internal communications through a statewide "speak-up" event and a new internal Web site. We’ve also taken a hard look at our budget to reallocate funds where possible to increase the emphasis on consumer protection, Internet fraud and meth prosecution.
I’m proud of the attorneys and staff in my office and the work we’ve done to date, but look forward to working with my team to continue to improve.
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