George,

I am ambivalent about Atty General Herring's stance on this issue. To me, it is clear that the Commonwealth's constitution and laws passed by the General Assembly need to be represented in court proceedings. The Attorney General's considered and personal views on the constitutionality of state laws presents ethical issues in fulfilling the role, when her/his personal views are opposed to democratically-adopted constitutional or legislative enactments.

What specifically does David Toscano propose? Since I am not a lawyer I have no informed or considered opinionon how this matter might be addressed, but even if Toscano's fears of multiple attorneys-general is understandable, how might this be handled without outside counsel being hired by the General Assembly, or the Governor?

I suggest that the Attorney General recuse himself because of his views, and the General Assembly request from the Governor the appointment of an Assistant Attorney General with the authority to vigorously defend the Commonwealth's laws after a joint resolution of the General Assembly approving the Governor's appointment.

Rich Collins (Electronic mail, January 27, 2014)