Republican W.Va. attorney general candidate Mike Stuart speaks on the Senate floor earlier this year as a state senator representing parts of southern West Virginia. (Photo courtesy of WV Legislative Photography)

CHARLESTON — The race to become the next attorney general of the State of West Virginia and succeed current Attorney General Patrick Morrisey is underway.

And while state Sen. Mike Stuart wants to continue Morrisey’s legacy, he also wants to see the office take on more responsibilities to serve the people of the state.

Stuart, R-Kanawha, is one of two announced Republican precandidates for attorney general, entering the race in May with his wife Katrina by his side. As of now, Stuart faces two-term State Auditor J.B. McCuskey in the May 2024 Republican primary.

Stuart, an attorney with Dinsmore and Shohl, was elected in 2022 to the newly redistricted 7th Senatorial District representing Lincoln, Boone, Logan and southern Kanawha County. Previously, Stuart was U.S. Attorney for the Southern District of West Virginia from 2018 to 2021, appointed by former president Donald Trump and confirmed by the U.S. Senate. Stuart also was chairman of the West Virginia Republican Party.

Between his experiences in some of the state’s largest law firms handling civil matters and his experience as a U.S. attorney handling criminal matters including drug convictions, public corruption and white-collar crime, Stuart believes he is most qualified to succeed Morrisey as attorney general.

State Sen. Mike Stuart announced his campaign for attorney general in May in Charleston with his wife Katrina. (Photo by Steven Allen Adams )

“It’s been almost 25 years of practicing law at the highest levels,” Stuart said. “I think my record speaks for itself in terms of qualifications to be the attorney general of the State of West Virginia…my role for running has been consistent with that long history of public service. I think there’s probably no better role for me to serve in at this point in time than as attorney general.”

Morrisey was first elected attorney general in 2012, defeating former Democratic attorney General Darrell McGraw. Morrisey was re-elected in 2016 and 2020. During his three terms, Morrisey secured several key victories at the U.S. Supreme Court, overturning several regulations that could have hurt fossil fuel industries in West Virginia. Stuart wants to continue Morrisey’s legacy of fighting heavy handed regulations by Washington D.C.

“At no time in our history has the role of attorney general been more important,” Stuart said. “Bodies like the Environmental Protection Agency or the Food and Drug Administration, they just assume powers that they don’t have. So, at no point in our history is it more important for somebody with my qualifications, my background…working not only in the criminal area of the law, but also the civil side of the law.”

“Whether it’s for drilling, fracking, mining, Second Amendment rights, personal values, family values – what we see today and what I call the greatest threat to West Virginia are liberals and unelected bureaucrats in Washington D.C. who seem to want to force down our throats their values,” Stuart continued. “So, I think it (attorney general) is the perfect fit. I have a real background, a real resume.”

According to the state Constitution and state code, the attorney general has no criminal prosecution powers. State code only allows the attorney general to assist county prosecutors in criminal matters if a circuit judge or a justice of the state Supreme Court of Appeals deems it necessary.

Stuart would like to see this change, providing limited criminal investigation and prosecution powers to the attorney general, particularly when it comes to looking into crimes committed by state departments and agencies or misuse of tax dollars. As of now, any potential criminal violations are turned over to county prosecutors, who already have their own heavy caseloads.

Stuart said the attorney general’s office should be able to handle criminal prosecutions of Medicaid fraud, unemployment fraud, elder fraud, domestic violence, and other cases.

“Medicaid fraud investigations fall under the attorney general of the State of West Virginia, but once they find a case, it gets shipped out to the counties for prosecution,” Stuart said. “It makes a whole lot more sense for those folks who did the investigation, who have the facts and figures in front of them to do the prosecutions right here in the Capital City.”

Issues with Child Protective Services in West Virginia is another example cited by Stuart. He recently called for an investigation of CPS in light of news that social workers were informed of two children held in cages in a barn at a home in Kanawha County but appear to have not followed up on complaints.

“I realize that the attorney general serves as counsel to every state agency, but it doesn’t mean that the attorney general can’t investigate and make sure best practices aren’t in place,” Stuart said. “We’ve got to make sure that we do everything we can. It doesn’t mean we’re going to prevent every situation like what happened in Sissonville, but we’ve got to do everything in our power to make sure our focus is on our children and our families and reunifying families who have found a better path.”

The attorney general’s office operates as the state’s in-house law firm, providing legal advice and guidance to state agencies and representing the state in court. Stuart wants to beef up these services and the attorney general’s seven divisions, including civil rights and consumer protection.

“I plan to build on what Patrick Morrissey’s done as Attorney General, but even to strengthen it,” Stuart said. “I want a full-service, serious law firm as the attorney general of the State of West Virginia. Not just federal overreach where we’re focusing on the high-profile issues, but where I have a good civil department, where I have civil rights (violations) being prosecuted.”

“That’s going to be my goal as attorney generals to make sure we have the right people in place to be able to represent state agencies across the spectrum, but also be a place where we have a vibrant, serious consumer protection division where folks can call us and they know there’s going to be action and follow up, and where we follow up with them and work hand-in-hand to make sure that there’s some justice,” Stuart continued.

Much of Stuart’s time as U.S. Attorney was focused on drug prosecutions and interdiction. During his first legislative session last year, Stuart sponsored legislation to add xylazine, a powerful sedative known as tranq, to the state’s controlled substance list as well as provide greater regulation of synthetic marijuana products, such as kraton and Delta-8.

Despite that legislation, Stuart said synthetic marijuana products, sometimes packaged to mimic candy, are still too prevalent around the state. One of Stuart’s goals for attorney general is to provide more education to law enforcement and prosecuting attorneys for these kinds of laws.

“Passing bills is not enough. You have to enforce the law,” Stuart said. “I think the problem today is worse than when we passed the bill because I think there unfortunately is a lot of confusion amongst law enforcement as to what the law is. We need to do a better job and make sure law enforcement knows what the law is with respect to these vape shops, these flashing signs, selling intoxicating illegal substances in vape shops to someone who doesn’t have a prescription to someone who’s underage. The intent was to stop that, but it hasn’t stopped.”

Morrisey was the driving force behind the creation of the West Virginia First Foundation, a private non-profit that will help determine how much of the nearly $1 billion in opioid settlement dollars with major opioid distributors and manufacturers will be distributed around the state. The foundation already has more than $217 million but the foundation has only just had its first two meetings, still lacks an executive director, and is still developing its internal policies.

Stuart supported the legislation last year that created the West Virginia First Foundation, but believes establishing the foundation has taken too long and the foundation needs to work faster.

“We have to get to a point that we’re moving forward in solving the crisis. To me, there has to be a real sense of urgency,” Stuart said. “I don’t want to criticize at all the work that’s been done with the foundation, but once it was formed, I think there ought to be a sense of urgency today…We ought to be focused every single day at getting that foundation up and moving in a 100% entirely transparent format so that cities, towns, and stakeholders understand exactly how the dollars will be distributed. I also think it’s important we get the dollars out there.”

While he has to make it through the Republican primary, facing off against the well-funded McCuskey, Stuart said if nominated in May and elected in the general election next November, his sole focus will be on serving as attorney general.

“I don’t plan to be a Republican attorney general. I plan to be the attorney general for the people of West Virginia,” Stuart said.

Steven Allen Adams can be reached at sadams@newsandsentinel.com.