The Arizona Republic

AG race draws attention

- Maria Polletta

In a year in which many state attorneys general have challenged Trump policies, the AG’s contest in Arizona has attracted some national notice.

Attorney General Mark Brnovich and his Democratic rival use the same terms to describe the leader who should hold the state’s top legal office — “someone with integrity” who “puts Arizonans first.”

They just disagree on who that someone is.

January Contreras, a 47-year-old former prosecutor and policy adviser, is challengin­g the Republican incumbent’s re-election bid on the grounds that he is too “focused on partisan agendas” and special interests.

Brnovich, 51, has said he “could’ve done a much better job of scoring political points” if that were his goal, contending he’s consistent­ly fought scams and fraud on behalf of all Arizonans.

It’s not only local insiders watching this battle play out.

In a year in which state attorneys general have played a central role in challengin­g Trump administra­tion decisions, the office is seen as a possible pickup for Democrats hustling to keep or nab key legal posts throughout the country.

Though Brnovich has a clear advantage in red Arizona, national political analysts say the state is one of seven where Republican­s shouldn’t consider attorney-general wins guaranteed.

That potential has spurred highprofil­e Democrats — such as former President Barack Obama and former

Vice President Joe Biden — to intervene in the race, publicly lending their support to Contreras.

“Republican­s seem relatively wellpositi­oned in the AG race,” said Louis Jacobson, who assesses state-level contests for magazine.

“The question is whether an energized Democratic and Latino vote can deliver the office to Contreras, or whether Brnovich has demonstrat­ed enough independen­ce to win some crossover voters.”

The other question is whether Contreras’ backers can compete with Republican­s’ deep pockets.

Spending on attorney-general races nationally could top $100 million this year, according to the with the Republican Attorney General Associatio­n investing heavily in defending its incumbents.

“The Democratic Attorney General Associatio­n is involved, too, but DAGA just does not have as much money,” said Bernie Nash, co-chair of Cozen O’Connor’s State Attorneys General practice.

The firm analyzes attorney-general races and has rated Arizona’s contest as “Leans Republican.”

“Mark is starting to pull away, but not as rapidly or significan­tly” as Republican Gov. Doug Ducey, who also is seeking re-election, Nash said.

Brnovich has called the idea that a partisan agenda dictates his office’s actions “absolutely silly,” saying he “never in my life asked a victim, a witness or even a defendant what their political affiliatio­n is.”

“I may have won as a Republican, but the head of our criminal division is a Democrat,” he said.

“When issues have come up, like defending the state’s minimum wage ... I was there in the courtroom willing to take on that fight. When there have been issues related to suing companies like Theranos, a major donor (to Republican officials), I was willing to take them on and sue them.”

Nonetheles­s, Brnovich has taken heat for involving Arizona in divisive national fights, such as the 20-state effort to repeal part of the Affordable Care Act. Contreras argues that what Brnovich calls an issue of constituti­onality is a dangerous move that would hurt vulnerable Arizonans with pre-existing health conditions.

In response, Brnovich has said an attorney general must “enforce the law as it is, not as you want it be,” and that his process for determinin­g which national efforts to endorse includes ensuring each one is “something that may impact Arizona.”

“I believe that as much as possible, policy decisions should be left to the states, not to the federal government,” he said.

Brnovich has the backing of state organizati­ons including the Arizona Chamber of Commerce and Industry, the Arizona Police Associatio­n, the Phoenix Law Enforcemen­t Associatio­n and at least four county sheriffs.

Brnovich touted his office’s prosecutio­n of “would-be terrorists” and perpetrato­rs of sex crimes against adults and children as major victories.

“We ramped up areas of criminal prosecutio­n without having to spend any more public dollars,” he said. “I’m very proud of that, that we’ve been able to do more with our existing resources.”

The office’s civil division also has “returned a record amount of restitutio­n to individual consumers here in Arizona,” he said, relying on public consumerpr­otection presentati­ons to build awareness and generate complaints.

“That amount now has surpassed $40 million directly to consumers,” he said. “We’ve made it a priority that when con artists and crooks try to rip off consumers, there is a steep penalty to pay, and we’ve gone after Volkswagen, Theranos, Saban’s Rent-A-Car.”

Brnovich also secured additional funding for the office’s child and family division, a request that came early in his tenure and required legislativ­e support.

“Instead of having caseloads that are 21⁄2 or 3 times the national recommenda­tion, they’ve leveled off and they’re just slightly above the recommenda­tion,” he said. “Turnover has been reduced, and there is more stability because lawyers aren’t bailing after a year.”

Brnovich has already outlined his todo list for a second term. It includes addressing drug use — “based on conversati­ons with law enforcemen­t, I worry about cocaine and methamphet­amine coming back,” he said — and data security.

“I think the amount of informatio­n that’s being collected, stored, sold and traded without people’s permission is something that’s really troubling,” he said.

Contreras, who would be the first Latina to lead the office if elected, said she decided to run after “seeing some of the most consequent­ial decisions” in public life being made in courtrooms locally and nationally.

“When your courts and your lawyers matter more than ever, then so, too, does who sits in the Attorney General’s Office,” she said

She mentioned child welfare, consumer protection, health care, the opioid epidemic, environmen­tal issues and “constituti­onal rights” as top areas where she would advocate for Arizonans.

Contreras has worked in most of those spheres before. During her 2000-03 tenure as assistant attorney general, she focused on elder abuse and health-care fraud. As an aide to former Gov. Janet Napolitano from 2006 to 2009, she challenged proposed health insurance cuts.

In 2012, she founded Arizona Legal Women and Youth Services, a nonprofit that provides lawyers to children and young adults who have experience­d homelessne­ss, problems in the foster care system and other trauma.

“You had victims of crimes that were immigrants, undocument­ed and afraid to call the police, or cases where a battered woman called the police and because of her immigratio­n status was detained,” she said. “We put out guides and training for local and state law enforcemen­t, and I’m really proud of that work.”

Contreras appears to share Brnovich’s concern about drug use, particular­ly opioids and heroin. She said the office has a responsibi­lity “to go after these drug companies … who are making a lot of profit off the pain of people here” and “bring some of that money back home” to fund treatment services.

“We need to investigat­e, we need to prosecute, but we also need to do what we can to make communitie­s whole,” she said.

She has slammed Brnovich’s opposition to driver’s licenses for “dreamers,” migrants brought to the U.S. illegally as children. She pointed to the interventi­on of Democratic attorneys general in the Trump administra­tion’s zero-tolerance immigratio­n policy as an example of a more critical humanright­s fight.

“I want to be clear that I don’t plan to sit there and spend time after time thinking that the federal administra­tion is the biggest issue,” she said. “But there have been significan­t (cases). These kids and parents being separated at the border . ... That’s a case where no one’s going to be able to speak up for these kids and their parents.”

Of Brnovich’s involvemen­t in the Affordable Care Act repeal effort, she said that “on Day One,” she would remove Arizona from that lawsuit.

 ??  ?? January Contreras
January Contreras
 ??  ?? Mark Brnovich
Mark Brnovich

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