The Mission Statement of the Office of Attorney General states in part:

“The Office of the Attorney General is the Commonwealth’s law firm. The office is charged with providing advice to state agencies and the Governor; serving as consumer counsel for the people of the Commonwealth; defending criminal convictions on appeal to ensure that justice is served; and defending the laws of the Commonwealth when they are challenged on constitutional grounds.”

This mission has guided Ken in his work for the people of Virginia.

Advocating for Consumers

Ken and his staff worked with the Virginia State Corporation Commission and Dominion Virginia Power to obtain an 8.9% rate reduction in electricity usage in 2010 for Dominion residential customers.  A rate of $99.07 per 1000 kilowatt hours was negotiated to lower the rate from $108.73.  The new rate compares very favorably with the national average of $116.33.  In addition to the on-going lower rate for monthly usage, one-time refunds for various earlier billing items will be credited to customer accounts.  The typical customer will have total benefits of approximately $195 from this agreement.

Consumer Protection

Ken joined the U.S. Federal Trade Commission and 34 other states to reach an agreement with Lifelock, an identity protection provider, to pay $11 million in restitution to its customers.  This agreement resolves an investigation into the company’s misleading advertising practices that led customers to believe that Lifelock had a “proven solution” that would protect against all forms of identity theft.  Lifelock also agreed to pay $1 million to cover the costs of the states’ investigations.

State and federal laws provide consumers with a variety of tools to help protect themselves against identity theft. To assist Virginia consumers, the Office of the Attorney General has posted a guide at http://www.vaag.com/FAQS/IDTheftBook02.pdf to assist those who believe they are a victim of identity theft.

Protecting Virginia from the Power of the Federal Government

Ken has taken an active role in protecting the laws of Virginia and the interests of Virginia citizens when challenged by potentially incorrect and unconstitutional actions by the Federal government.

• Unconstitutional Health Care Mandate:  Ken, through his Attorney General’s Legislative Agenda, supported HB 10 (Health Care Freedom Act) which provides that a resident of the Commonwealth shall not be required to obtain or maintain a policy of individual insurance coverage.  This bill passed through the General Assembly and was signed by Governor Bob McDonnell.  The federal Health Care and Education Reconciliation Act of 2010 was signed into law on March 30, 2010 which requires everyone to purchase insurance.  Thus, the Virginia law is in direct conflict with the Federal law and Ken filed a lawsuit to defend our law.

This lawsuit is based upon the premise that the Federal law is unconstitutional because it uses an unprecedented and incorrect interpretation of the Commerce Clause of the U.S. Constitution (Article I, Section 8).  While this clause has been recognized as dealing with the regulation of commerce, an individual mandate to purchase health insurance is outside the accepted regulation of voluntary commercial actions of citizens.  Ken has commented “Virginia’s challenge to the health-care bill is not just about buying insurance.  It is about the limits of the power of the federal government and its relationship to citizens.  Ultimately, it is about liberty itself.”

• Challenges to the EPA Endangerment Finding for Greenhouse Gases:  The Obama administration has proposed the so-called Cap and Trade legislation to regulate the emissions of CO2 and other greenhouse gases.  This regulation would be a staggeringly expensive and prosperity-destroying undertaking for Virginia and the United States.

The EPA, however, was required to determine that these gases pose a danger to health and welfare before regulation is possible.  The EPA issued an Endangerment Finding for Greenhouse Gases which was finalized on December 15, 2009.  The Endangerment finding was principally based upon the Assessment Data provided by the United Nations’ Intergovernmental Panel on Climate Change (IPCC).  The IPCC has obtained most of its scientific support from the Climate Research Unit (CRU) of the University of East Anglia in England.  However, since the period for public comment on the proposed EPA endangerment finding closed, new information has been revealed which impacts the finding.  This information invites the conclusion that the most recent IPCC Assessment, and the science upon which it purports to rest, are not simply unreliable but involve enough mendacity to warrant the label “Climategate.”  Reports of manipulation of the peer-review process to prevent the publication of contrary views, hiding “inconvenient” data, working with corrupted data, and conflicts of interest have been widely circulated.

Based upon these new revelations, Ken has petitioned the EPA for reconsideration as well as appealing the Endangerment Finding in the District of Columbia Circuit Court.  The basis for these filing is that new, scientifically-rigorous studies must be undertaken to determine if these gases actually do pose a threat to health and welfare.  Up until now the mantra “the science is settled” has worked to take Virginia and the nation to the brink of unaffordable regulation.
Ken also filed a second court challenge against the EPA Endangerment Finding, arguing that the introduction of the Obama administration’s new fuel standards indicated that the EPA has arbitrarily decided not to re-open its study as requested in his earlier suit.  The suit specifically requests the court to now compel the EPA to reopen the issue.

Attorney General’s Legislative Agenda

Ken, to fulfill his mission as Attorney General, identified a number of legislative initiatives for the 2010 General Assembly session which he believed would advance the health, safety, rights and quality of life of the citizens of Virginia.  Through his efforts with the OAG Legislative Director, specific bills were developed; bill patrons were obtained; and the bills were followed through the session.  The referenced bills have all been passed by the General Assembly and have been signed by Governor Bob McDonnell.

• Mental Health:  Ken was considered the expert in the mental health issues in the Virginia State Senate.  He worked closely with the patrons of these bills which clarify the involuntary commitment process in Virginia.
  • HB247/SB63 clarifies the appeal process for a civil commitment order.
  • HB729/SB360 allows a court to enter an order for mandatory outpatient treatment following involuntary inpatient treatment.
  • HBB311/SB87 clarifies the process through which an inmate in a local correctional facility can be involuntarily admitted for needed treatment in a mental health facility

• Economy:  Ken supported efforts in the session which will have a positive impact on the economy of Virginia and the creation of jobs for Virginians.
  • HB787 states that it shall be the policy of the Commonwealth to support oil and natural gas exploration, development and production 50 miles or more off Virginia’s coast. 
  • HB624/SB472 amends the Major Business Facility Job Tax Credit to stimulate job growth in Virginia by decreasing the number of full-time jobs created to obtain a tax credit.

• Public Safety:  Working with the House and Senate patrons, Ken supported numerous initiatives to improve the safety of Virginians.
  • HB934/SB520 allows the murder of auxiliary police officers and auxiliary deputy sheriffs to be eligible for the death penalty.
  • HB1198 clarifies the process for the prosecution, registration and movement control of sex offenders.
  • HB931/SB467 enables Virginia judicial authorities to consult with their counterparts in adjacent states to ensure protective orders are enforced across state lines.
  • HB930/SB468 allow a petitioner to obtain extensions of protective orders for up to two years if a threat still exists with no limit to the number of extensions.
  • HB1121/SB986 improves the effort against juvenile gang violence by allowing the Department of Justice to share their record and report with law enforcement officers to aid in gang criminal investigation.

• Consumer Protection:  Ken has supported legislation to expand the scope of consumer protection in Virginia.
  • SB116 expands the Virginia Consumer Protection Act to include sales or lease of goods or service to a church or other religious body.

• Transparency:  Ken supported efforts to provide transparency in government so that Virginia citizens can understand how their tax money is being spent.
  • SB512 requires members of the General Assembly to disclose any salary or wages in excess of $10,000 paid to him or his family for employment with a state or local government or advisory agency, other than his GA salary.
  • HB655 clarifies the process for investigations against legislators by House and Senate Ethics Advisory Panels, including completion of its investigations notwithstanding the resignation of the legislator.

• Second Amendment Rights:  Ken has been a consistent supporter of Second Amendment Rights for Virginia citizens.
  • HB871/SB533 clarifies that anyone who is denied a concealed handgun permit has the right to have an oral hearing to contest the denial.
  • HB505/SB334 allows a person with a concealed handgun permit to carry a concealed handgun onto the premises of a restaurant or club BUT prohibits such person from consuming alcoholic beverages while on the premises.

• Educational Opportunities:  Ken supported efforts in the General Assembly to  expand the educational opportunities available for schoolchildren.
  • HB 1389/SB736 establishes college partnership laboratory schools for the purpose of stimulating the development of innovative programs for K-12 students.
  • HB1390/SB737 amends the application and review process for public charter school applicants by requiring the applications to the State Board of Education for review and approval prior to submission to a local school board.  The local school board, however, retains the right of final decision.
  • HB1388/SB738 establishes guidelines for virtual school programs through local school boards using technology for students to learn full-time through a distance learning environment.

• Voting Rights:  All citizens have the right to vote and Ken has worked to ensure this right.
  • SB55 establishes that absentee ballots will be available 45 days before all elections to enable all voters sufficient time to vote absentee if they will be unable to vote in person.  The bill specifically references the rights of military to have all the necessary means to ensure their right to vote.

• Defining Life:  Ken has been a consistent defender of life and he supported legislation which defines the legal position of all persons.
  • HB1033/SB602 establishes, for the purpose of homicide, the fact that a human infant has an independent and separate existence regardless of whether the umbilical cord has been cut or the placenta remains attached.

• Continuing Special Session Work (Melendez):  As a candidate for Attorney General, Ken recognized that a U.S. Supreme Court ruling (Melendez-Diaz vs. Massachusetts) requiring live expert testimony in court cases would have an impact on effective prosecutions in Virginia where the appearance of the analyst was not required.  Ken called for a special session of the General Assembly (which was granted by Governor Keane) to authorize stop-gap measures to ensure that Virginia law complies with the Melendez-Diaz ruling.  During this session, the General Assembly continued the work that Ken began.
  • SB386, HB500, and SB106 codify the use of a certificate of analysis and reports prepared by lab analysts, etc., to be admissible without the testimony of the person preparing such certificate or report.  The defendant must consent to the use of this certificate; otherwise the cost of the lab analyst appearance must be covered by the defendant.
  • SB387 permits, upon consent of an accused, the live testimony of a forensic analyst to be made via video teleconferences.  This will be used in drunk driving prosecutions to ensure that expert testimony is presented.