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2001-2002 Official Manual, Chapter 2, Pages 96-102

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2001-2002 Official Manual, Chapter 2, Pages 96-102 OFFICE OF ATTORNEY GENERAL 97 Jeremiah W. Nixon Attorney General Elected November 7, 2000 Term expires January 2005 JAY NIXON (Democrat) is serving his third term litigation resulted in the largest settlement in the as Attorney General of Missouri. Nixon was first history of the state. elected Attorney General on Nov. 3, 1992, on a Nixon has been a national leader in fighting platform of fighting crime, cleaning up govern- crime on the Internet. He obtained the first crim- ment corruption, and protecting consumers and the environment. Nixon is Missouri’s 40th inal conviction in the country of an Internet gam- Attorney General. ing Web site operator and has obtained guilty As Attorney General, Nixon serves as the pleas from those who have defrauded state’s chief legal officer, working with law Missourians through Internet scams. Nixon has enforcement daily to fight crime and prosecute worked with other Attorneys General and local criminals. He has been a leader nationally in law enforcement to stop child porn trafficking changing laws to reduce the number of repetitive and other crimes on the Internet. appeals in capital cases. As Attorney General, Nixon obtained $17 During his first term in office, Nixon success- million for Missourians in 1998–2000 from com- fully cleaned up the state’s Second Injury Fund, panies and individuals accused of fraudulent saving the state more than $13 million in legal activities, including $7.2 million returned to fees and eliminating the Second Injury Fund tax consumers by the Consumer Protection Division for several years, saving taxpayers an additional $100 million. Nixon introduced new aggressive through out-of-court mediation. Nixon’s actions defenses to frivolous inmate lawsuits and has to protect the elderly have put telemarketers in reduced the lawsuits by almost 90 percent at a prison and sweepstakes companies out of busi- savings to the state of $19 million in legal fees. ness. As Attorney General, Nixon created the Nixon’s aggressive actions in the Attorney Environmental Protection Division to enforce General’s Office have earned him national Missouri’s environmental laws. Successful litiga- recognition. Barrister magazine named him one tion by the division has resulted in the cleanup of of the 20 outstanding young lawyers in the polluted sites and millions of dollars awarded to nation, and the Missouri Jaycees selected him the state. Nixon serves as the co-chairman of the one of Ten Outstanding Young Missourians. National Association of Attorneys General Environment Committee. Prior to becoming Attorney General, Nixon Nixon’s landmark victory in the United States served as a state senator for six years where he Supreme Court in Nixon v. Shrink reinstated was recognized by the Conservation Federation Missouri’s campaign contribution limits and of Missouri for his environmental work. cleared the way nationally for campaign finance Attorney General Nixon is a native of reform. In another case of significance, Nixon’s Jefferson County, Missouri. He earned his politi- work on the settlement with Blue Cross and Blue cal science and law degrees from the University Shield resulted in the formation of the Missouri Foundation for Health, the state’s largest health of Missouri–Columbia in 1978 and 1981, respec- care foundation, to help provide health care tively. He was in private practice when he was services to underserved areas of the state. In elected to the Senate in 1986. He is married to addition, Nixon sued tobacco companies for ille- Georganne Wheeler Nixon; they have two chil- gally marketing cigarettes to young people. The dren, Jeremiah and Will. 98 OFFICIAL MANUAL Office of Attorney General KAREN KING MITCHELL CHUCK HATFIELD Supreme Court Building Deputy Attorney General Counsel to Attorney General PO Box 899, Jefferson City 65102 Telephone: (573) 751-3321 The attorney general is the attorney for the state. He represents the legal interests of Missouri and its state agencies but does not rep- resent individual citizens in private legal actions. As the state’s chief legal officer, the attorney general must prosecute or defend all appeals to which the state is a party, including every felony criminal case appealed to the Missouri Supreme Court and courts of appeal. The attorney general also is required to institute, in the name and on behalf of the state, all civil suits and other pro- MARY STILL JOHN WATSON Director of Policy and Chief of Staff ceedings that are necessary to protect the state’s Communications rights, interests or claims. The attorney general may appear, interplead, answer or defend any proceedings that involve the state’s interests, or To fulfill these and other responsibilities, the appear on behalf of the state in declaratory judg- attorney general’s office is organized into seven divisions. ment proceedings when the constitutionality of a statute is challenged. Consumer Protection Division The attorney general also renders official The attorney general has the responsibility of opinions to the executive and legislative branch protecting the public’s interests in an open and and the county prosecuting attorneys on ques- honest marketplace. The Consumer Protection tions of law relating to their duties. Division enforces Missouri’s Consumer Protec- The attorney general may institute quo war- tion Act and antitrust laws, and has the re- ranto proceedings to oust any corporation doing sponsibility of representing the commissioner of business in Missouri if it has abused its franchise securities of the secretary of state’s office. or has violated state laws. The attorney general Missouri’s consumer protection statutes pro- may institute quo warranto proceedings against hibit deception, fraud, unfair practices and mis- anyone unlawfully holding office or move to representation or concealment of material facts oust any public official for malfeasance in office. in the sale or advertisement of goods or services. The attorney general’s office was created in These laws authorize the attorney general to stop 1806 when Missouri was part of the Louisiana the promotion of pyramid sales schemes, prevent the altering of vehicle odometers and ensure that Territory. Missouri’s first Constitution in 1820 consumers’ rights are protected under laws deal- provided for an appointed attorney general, but ing with home solicitations. The division also has since the 1865 Constitution, the attorney gener- an active consumer education program. al has been elected. Consumers who wish to file complaints or By law, the attorney general is a member of obtain information may call the attorney gener- the Board of Fund Commissioners, the Board of al’s Consumer Hotline at (800) 392-8222. Public Buildings, the Governor’s Committee on Missourians who are hearing- or speech-im- Interstate Cooperation, the Missouri Highway paired and have the proper equipment may call Reciprocity Commission and the Missouri Hous- (800) 729-8668. The division receives more than ing Development Commission. 30,000 consumer complaints a year. Under the OFFICE OF ATTORNEY GENERAL 99 DOUG NELSON PAUL WILSON JIM LAYTON JOHN M. MORRIS Deputy Chief of Staff Deputy Chief of Staff State Solicitor Chief Counsel Administration Litigation Criminal Division JANE RACKERS LEE SCHAEFER JAMES R. McADAMS EDWARD R. ARDINI Chief Counsel Chief Counsel Chief Counsel Chief Counsel Governmental Affairs Division Labor Division Litigation Division Public Safety Division Missouri Antitrust Law, the attorney general has the authority to represent the state or any of its political subdivisions, public agencies, school districts or municipalities in actions to prohibit monopolies and trade restraints. The attorney general also may act under federal antitrust statutes to bring civil actions in the name of the state and on behalf of Missouri residents to recover damages for injuries caused by certain antitrust violations. The attorney general is the state’s chief pros- ecutor for securities fraud, and may initiate legal JOSEPH BINDBEUTEL actions for civil injunctive relief, penalties and Chief Counsel, Environmental restitution under the Missouri Merchandising Protection Division, Acting Practices Law. Chief Counsel, Consumer Protection Division Criminal Division The attorney general has overall responsibili- Public Safety Division ty for criminal prosecution, including the appeal The Public Safety Division is involved in a of every federal criminal case in state and feder- wide range of criminal prosecutions at the trial al courts. Each year, attorneys in the Criminal level. The division’s special prosecution unit Division brief and argue more than 800 cases in prosecutes cases throughout Missouri, many of the Missouri Court of Appeals, the Supreme them homicide cases, either alone or in con- Court of Missouri and litigate some 500 federal junction with a local prosecutor. The meth pros- habeas corpus actions in the federal district ecution unit specializes in handling criminal courts, the Eighth Circuit Court of Appeals, and cases involving the manufacture, sale or posses- the U.S. Supreme Court. sion of methamphetamine. 100 OFFICIAL MANUAL The workers’ compensation fraud unit prose- Governmental Affairs Division cutes fraud or misconduct involving workers’ The Governmental Affairs Division provides compensation, and the Medicaid fraud control legal advice and services to a wide variety of unit prosecutes cases involving fraud of the state state officials and offices, including the governor, Medicaid program by health professionals, or the secretary
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