Washington Business Winter-Spring 2014 | Page 20

washington business In Their Words Bob Ferguson was elected Washington’s 18th attorney general in November, 2012, succeeding Rob McKenna. Ferguson, a Democrat, previously served for nine years on the King County Council. During his first year in office he helped the state implement a voter-approved initiative legalizing recreational marijuana, pressured federal officials over Hanford cleanup, filed a consumer protection lawsuit against a Richland florist who refused to sell flowers for a same-sex marriage and sued the Grocery Manufacturers of America for failing to disclose the source of campaign donations against Initiative 522. Washington Business writer Jason Hagey sat down with him in January to reflect on those cases and his agenda going forward. Attorney General Bob Ferguson Last year, you were new in office and you decided not to push a major legislative agenda. This year, you called on lawmakers to pass four bills related to veterans, consumer protection, open government and sex offender treatment. How did you go about choosing those four? The way I arrived at those four bills was by issue area, primarily. I picked four areas that I’ve had a longstanding interest in, and will continue to have as attorney general and it’s reflected in those bills: Veterans’ issues, open government, public safety issues and consumer protection. So we have essentially a bill for each of those four areas. I like those bills to be bipartisan and connected to my office in some way. I’m not interested in some bill that’s a grandstanding issue. How is the bill you proposed to take the state off the hook for attorney fees when it loses a consumer protection lawsuit different from the one that Rob McKenna proposed? The main difference, I believe, is he had a provision in his bill about the attorney general being able to bring consumer protection action on behalf of consumers outside Washington state. We don’t have that. It’s not in this bill. So this bill is strictly related to the attorney’s fees provision. We are literally the only state in the country where if the attorney general brings a consumer protection action and we lose, we pay attorney’s fees. Every other state in the country, that’s not the case, and for I think some fairly compelling reasons. Any time you’re the only state where you’re doing or not doing something, I think it’s useful to have a conversation about that. 20 association of washington business How often does that situation occur? Thankfully, not very often. We’re very thoughtful about the cases we bring. That’s not just me. That’s AGs before, my predecessors were very careful about the cases to bring. Also, of course, not very many cases go to trial. When I was a lawyer in private practice, not very many cases went to trial. Most cases settle. That’s the case here as well. We get thousands of complaints related to consumer protection that we receive in our office, very few end up having a complaint filed and fewer still end up being fully litigated. However, we’re not going to win every case we bring, even if we think we are in the right, you can lose a case for a technical reason. Now that you’ve been attorney general for a year, how is the job different than what you expected and what do you hope to accomplish beyond the 2014 legislative session? The one advantage of a long, hard campaign is that you spend a lot of time talking to a lot of people about the office and the issues, so to be perfectly candid there weren’t any great surprises. Obviously, it’s a new operation for me, there are more than 1,000 employees, I’ve got a lot to learn when I walk in the door, but I wouldn’t say there’s anything that was a big surprise as a result of taking the job. … The most important thing is, whenever I’m done being attorney general, I would, above all, want the people to say that I ran an independent office. The legal advice we provide to our clients and the work we do on behalf of the people of Washington is done in an independent fashion, that we go where the law takes us, and we’re not making any decisions based on political pressures or anything else.