Lottery
law causes split for state official
Top lawyer to fight suit, doesn't like issue
Article published January 22, 2002 in the Toledo
BladeASSOCIATED PRESS
COLUMBUS - The state's top lawyer says she will zealously
fight a lawsuit against Ohio's participation in a multistate lottery, even though she has
strong personal concerns about expanding the lottery.
Attorney General Betty Montgomery said that's not a
conflict of interest.
"Is there a divergence of personal view vs. public
duty?" she said. "Yes."
From city attorneys to state attorneys general, lawyers who
represent public institutions must sometimes march into court defending laws they disagree
with.
"We all take an oath of office to support the laws of
our state, but we are all going to have a few differences on what we think the current
state of the law should be," said Indiana Attorney General Steve Carter.
Generally, it's up to the attorney general to defend laws,
even if the official disagrees with them, said Edward Foley, an Ohio State University law
professor. What's trickier is when an attorney general has questions about the law's
constitutionality, he said.
"The normal rule of attorneys general is, when a
decent argument is to be made, you make it on behalf of the client," said Mr. Foley,
a former state solicitor under Ms. Montgomery.
Gambling opponents sued last week over Ohio's decision to
join a multistate lottery such as Powerball or the Big Game. They argue that the state
constitution permits only a lottery run exclusively by Ohio with no involvement by other
states.
"As the attorney general I raise my right hand and
say, 'I swear to uphold the laws and Constitution of the state of Ohio,' and so that
doesn't mean I can do everything I want to do," said Ms. Montgomery, 52, a former
Wood County prosecutor.
"It means I do everything the law requires me to do
and if I have an opinion to the contrary, the law is one place and my personal opinion is
another." |