API and Yellowhammer release 2018 Attorney General Questionnaire
Candidates for public office, once elected, bring their underlying principles and perspectives on policy issues into office with them, thus defining how they govern. It is important for citizens to know and understand the candidates for which they are voting, and Yellowhammer News and the Alabama Policy Institute (API) are partnering to bring that information to Alabama voters.
Over the course of the next few weeks, candidates will be issued a questionnaire with questions ranging from political philosophy to state-specific questions on fiscal responsibility, education, and job creation. By providing an outlet for candidates to address these topics, we hope to foster a more engaged and informed electorate in Alabama.
Why are API and Yellowhammer News issuing these questionnaires?
It is a difficult task to get each candidate running for office on the same stage. When they do share a live audience, candidates are rarely given the opportunity to answer challenging policy questions. These questionnaires provide this opportunity—one that will benefit both candidates and the electorate. This format will give candidates time to provide more thoughtful responses and will give Alabamians the information they need to cast their vote. Issuing the questions on a public platform provides accountability and transparency between the candidates and voters, which is vital to a more informed citizenry.
How will the process work?
API and Yellowhammer will release a list of questions, which will be posted on the Yellowhammer News website, on the Alabama Policy Institute website, and sent to the campaigns of each candidate. The candidates will each be allowed two weeks to respond to the questionnaire. The answers will be posted by Yellowhammer News and the Alabama Policy Institute and available for the candidates to post on their respective websites.
Last week, the questions were sent to the campaigns of the gubernatorial candidates, who were told that they have until May 11 to submit answers. On Wednesday, questions were sent to the candidates for lieutenant governor, to be submitted by May 15. As responses come in, they will be posted online.
API and Yellowhammer challenge all of the candidates for governor, lieutenant governor, and attorney general to answer these questions thoroughly and thoughtfully. Prior to casting our votes, Alabama voters deserve to know what their candidates believe and how they will view the issues presented to them.
As election day draws near, we look forward to receiving their responses and sharing that information with you.
2018 Attorney General Questionnaire
Alabama Policy Institute and Yellowhammer News
Interpreting the Law
Attorneys general are in the business of interpreting and enforcing the law. If elected, would you see your role as Attorney General (AG) as that of an activist, with freedom to interpret the law to new situations, events, and presidential administrations, or as that of a constructionist, interpreting the law strictly through the lens of original intent?
Enforcing the Law
Are you willing to aggressively defend state statutes and policies, even if you disagree with them?
How do you plan to balance your role as chief law enforcement officer in the state with your role as chief legal representative of the state?
Budget and Staff
The AG oversees a staff of more than 160 and a budget of over $10 million. What has prepared you to lead such a large organization and to be a responsible steward of taxpayer dollars?
Given limited resources, the AG must use discretion in deciding which crimes to prosecute. What is your overall position on the extent of prosecutorial discretion? Should prosecutorial discretion ever be used to avoid prosecuting an alleged corrupt government official? Do you think a prosecutor ever has the right to not prosecute a broad range of accused people/crimes?
Code of Ethics
Both the current and the preceding AGs proposed comprehensive reforms to Alabama’s ethics laws. The Legislature recently established a Code of Ethics Clarification and Reform Commission “to reform and clarify the Code of Ethics”. The AG will co-chair this Commission with the Ethics Commission Director. Would you recommend amendments or revisions to the ethics code? If so, what are your suggestions in doing so?
In the Office of Attorney General
While the Alabama Attorney General’s office is one of the state’s largest legal offices, it has been a common practice for AGs to outsource lucrative legal work to politically connected law firms. The firms often then contribute large sums to the AG’s campaigns for reelection or higher office. Is this an example of the AG using the powers of the office for personal benefit? If so, how will you make changes to this practice?
Ethics and Economic Development
Alabama House Bill 317 exempts certain economic developers from being required to register as lobbyists and drew heated discussion across the state this past legislative session. Is this exemption, in your opinion, as innocuous as proponents claim or likely to lead to abuse as opponents suggest?
Campus Free Speech
U.S. Attorney General Jeff Sessions recently said there is “too much suppression of free and open speech on college campuses today.” Do you believe this is an issue in Alabama and, if so, how should the AG respond?
Do you think that individuals and small business owners should be forced to participate in activities that violate their religious beliefs in order to comply with anti-discrimination laws?
When Texas Governor Greg Abbott was the Lone Star State’s Attorney General, he made headlines by saying, “I go into the office, I sue the federal government, and I go home.” What role should the AG take in fighting federal government overreach? Would you be willing to file suit—and use state resources—to prevent such overreach?
Many state attorneys general have sued the Trump administration for ending the Deferred Action for Childhood Arrivals program. On May 2, 2018, Alabama joined six other states suing to end the program permanently. In your opinion, how effective is this form of joint action and how do you plan on upholding Alabama immigration law if executive action on the federal level runs contrary?
According to the CDC, Alabama is the state highest-prescribed with opioids, with more prescriptions than people. Opioids are the main driver of overdose deaths and, in 2016, 756 Alabamians died from drug overdoses. As AG, how would you address Alabama’s share of this national crisis?
RULE OF LAW
Civil Asset Forfeiture
Some states are eliminating provisions that allow police to seize property without securing a criminal conviction. Would you support legislation that reforms the use of civil asset forfeiture by law enforcement and the provision that allows agencies to keep the proceeds of seized property? Why or why not?
Alabama has received national attention for the state of its prisons and a federal judge recently called inmate care “horrendously inadequate”. How would you address this issue, and do you support the use of private prisons?
In its 2009 Cornerstone decision, the Alabama Supreme Court held that local laws in Alabama legalizing “bingo” games for the benefit of churches and other charities authorized only the old fashioned, or “traditional” game commonly known by that name. The Court repeated itself over a half dozen times in the seven years after Cornerstone. In light of the Alabama Supreme Court’s decisions on this issue, should casinos—like the ones operating in Macon and Greene Counties—be allowed to operate as they are today? Explain your answer in detail, including whether you consider Alabama Supreme Court decisions on matters of Alabama law to be “the law of the land.”
In 2009, the Governor of Alabama appointed a special task force to enforce the gambling laws of Alabama in the absence of any action by the then Attorney General to shut down or prosecute the operation of gambling machines in Macon, Greene and other counties. This action by the Governor succeeded in shutting down casinos in these counties. Should that enforcement action have been taken by the Attorney General instead of the Governor?
The Indian Gaming Regulatory Act allows certain Indian tribes, including the Poarch Creek, to conduct gaming operations on reservation land if such operations are permitted by the law of the state in which those reservations are located. Numerous Alabama Supreme Court decisions have been written arguing that electronic machines of the nature at issue are illegal under Alabama law. Should these machines continue to be permitted on Indian reservations within the State of Alabama? If elected Alabama Attorney General, would you work with the United States Attorney General to make sure that the all gambling laws, including federal law applicable to Indian reservations, are properly enforced?