Date: 01/17/2012
Final
Department of Law Briefing
COMMITTEE ON JOINT JUDICIARY
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10:36 AM -- Department of Law Briefing
Senator Carroll, chair, called the committee to order.
Attorney General John Suthers, representing the Department of Law, introduced himself and the members of his staff to the committee. The committee received an issue briefing prepared by the Joint Budget Committee concerning the Department of Law's strategic plan (Attachment A), and a handout prepared by the Department of Law (Attachment B).
10:40 AM
Attorney General Suthers described the operational divisions of the Department of Law, referring to an organizational chart in Attachment B. He discussed the department's involvement in criminal cases and in appellate cases.
10:51 AM
Attorney General Suthers moved on to a discussion of the Peace Officer Standards and Training (P.O.S.T.) Board. He explained Article 4 of the Mexican Federal Penal Code and how it pertains to the department's ability to prosecute cases in Mexico. He provided an overview of the department's involvement in interstate water compacts.
10:55 AM
Attorney General Suthers spoke about department initiatives such as the Methamphetamine Task Force. He then explained the department's budget request for FY 2012-13.
10:58 AM
Attorney General Suthers moved on to a discussion of the department's strategic plan. He referred to the organizational chart in Attachment B, and explained which divisions are funded by the General Fund, cash funds, reappropriated funds, and federal funds. He described an annual survey that the department sends out to all client agencies to help ascertain client satisfaction.
11:03 AM
Attorney General Suthers said that criminal case filings have been declining, but the number of cases that go to trial and appeal have not declined. He spoke about the effect of sex offender sentencing laws on this trend.
11:04 AM
Attorney General Suthers referred to page 9 of Attachment B concerning the department's leading budget change requests for FY 2012-13. He spoke about the department's efforts to convert to an electronic case management system. He expressed his opinion that the business and licensing section of the office has gotten too large.
11:07 AM
Representative DelGrosso asked for information about the Decision Item #1 on page 9 related to consumer protection enhancement. He also asked for information regarding the request related to the Governor's Energy Office. Attorney General Suthers responded to his questions. He said that there is an unlimited amount of work to do in the area of consumer protection.
11:08 AM
Mr. Jan Zavislan, Deputy Attorney General for Consumer Protection, came to the table to address Representative DelGrosso's questions regarding consumer protection. Conversation continued between Representative DelGrosso and Mr. Zavislan.
11:12 AM
Attorney General Suthers discussed the priorities of the office. He spoke about recent legislation concerning conservation easement tax credit cases. He stated that 86 percent of people have chosen to go to district court rather than the administrative route to resolve such cases. He then discussed litigation concerning the Lobato v. Colorado case, which concerns funding for public schools. He described litigation generated by the Colorado Renewable Energy Standard. He spoke about issues concerning the Colorado Benefits Management System.
11:13 AM
Senator Roberts sought additional information concerning the department's requests for additional FTE (full-time equivalent employees). She asked how many of the new FTE would be attorneys. Attorney General Suthers replied that two of the requested FTE would be attorneys. He then responded to additional questions from Senator Roberts regarding whether the new FTE would be contract employees or state employees.
11:15 AM
In response to questions from Representative DelGrosso, Ms. Melanie Snyder, Assistant Attorney General in the General Business and Licensing Section, came to the table to discuss conservation easement cases. Attorney General Suthers then responded to questions from Representative Kagan concerning why there are limited incentives to plea bargain for defendants accused of sex offenses. Conversation continued between Representative Kagan and Attorney General Suthers on this point.
11:21 AM
Senator Roberts asked for additional detail concerning the Medicaid Fraud Unit. Attorney General Suthers agreed that the target performance measure of $450,000 in total fines, costs, or restitution recovered was too low, and would be raised to $2 million per year. He said the vast majority of the settlements in the Medicaid Fraud Unit are the result of multi-state cases.
11:23 AM
Mr. Michael Dougherty, Deputy Attorney General for the Criminal Justice Section, came to the table to respond to Senator Roberts' question. He spoke about the state's participation in qui tam or "whistleblower" lawsuits. Conversation continued between Senator Roberts and Mr. Dougherty concerning how much of the Medicaid Fraud Unit settlement money comes from Colorado-based providers. Mr. Dougherty explained that the vast majority of the money comes from qui tam multi-state settlements, and that such cases are fairly new. He discussed the possibility that corporations will begin to adjust their behavior as a result of such suits.
11:25 AM
Senator Carroll sought Attorney General Suthers' opinion regarding the variety of funding mechanisms for each division within the Department of Law. Attorney General Suthers responded said that his department is funded via the "Oregon Plan," meaning that funds are reappropriated from client agencies. He said one disadvantage of this organization is that it interferes with the office's ability to adjust to changing needs and priorities. However, he noted that he likes the organization, and discussed how the department has weathered recessions. He said that what drives the increased size of the office is not budget requests from the Department of Law, but programs approved by the General Assembly that require lawyers--e.g. legislation concerning conservation easement cases, medical marijuana, and the full licensing of mortgage brokers.
11:30 AM
Senator Nicholson asked for more detail concerning the Colorado Benefits Management System. Mr. Vince Morscher, Deputy Attorney General for the Civil Litigation and Employment Law Section, came to the table to respond to her question.
11:32 AM
Attorney General Suthers thanked the committee members and the other members of the General Assembly for their support.
11:33 AM
No individuals signed up to testify.
11:33 AM
The committee adjourned.