Blunt, Nixon facing off over legal issues

JEFFERSON CITY, Mo. -- With a Republican governor and a Democratic attorney general planning to challenge the governor, even everyday government business can take on a political flavor.

Since Matt Blunt took office, his administration has had several legal disputes in which he and Jay Nixon are at odds. Chief among them is the fight over the fate of the Katy Bridge. The governor's Department of Natural Resources director gave up the state's interest in the bridge last year. Union Pacific Railroad Co. wants to dismantle the bridge and use the steel elsewhere.

But Attorney General Jay Nixon has sued, claiming the agency didn't have the authority to waive the state's interest, amid concerns the move could open up the entire trail to legal challenges by other property owners.

That and other conflicts boil down to a basic disagreement over the function of the state's top lawyer. The administration thinks Nixon's job is to take the legal steps it sees fit.

"Clearly I don't think the attorney general's a very good attorney and I don't think he represents the state or state agencies in a responsible way," Blunt said.

Nixon points out he's an independently elected statewide officeholder. Part of his duties include defending state agencies and laws, but in legal maneuverings, such as whether and how to appeal a judge's decision, he has the final say-so.

Nixon says he works for the taxpayers.

"They appreciate having an independent attorney general who does his job without fear or favor and not focused on the political wind but the needs and interests of law enforcement and the will of the people," he said.

Nixon said his office handles tens of thousands of cases, and in the vast majority, his staff and agencies have worked together well.

"They do seek to find areas of disagreement to try to highlight for their some sort of political benefit," he said of the administration. "I just think he continues to struggle to understand the difference between politics and government."

Nixon said he has disagreed with elected officials of both parties in his more than 13 years as attorney general.

In the Katy Bridge case, the Department of Natural Resources hired its own private attorney to represent its interests, at $275 an hour, arguing Nixon's office couldn't represent both sides.

Department Director Doyle Childers has said he thought an attorney in Nixon's office shared some confidential information he learned while representing the department, which Nixon then used to sue the department. Nixon has denied the charge.

But that's just the most prominent incident. The sides have disagreed on other issues. Several agencies that operate under Blunt have taken issue with legal steps Nixon has taken, or not taken. Some department officials assert that Nixon and his assistants are supposed to represent -- not oppose -- their actions.

"Suing the taxpayers is not a good way to represent the interests of taxpayers," Blunt said.

Childers also has asked the attorney general to step aside from his investigation of Ameren Corp. after its Taum Sauk reservoir collapsed late last year. Nixon accepted more than $19,000 in campaign contributions that originated with Ameren during his investigation of the utility. He eventually returned the money.

Another example: Blunt recently signed a law targeting sex offenders. Part of the bill also repealed a statute that basically made gay sex a crime, after the U.S. Supreme Court tossed out a similar Texas law.

Once that measure became law, Nixon dropped the state's appeal of a court decision finding the state was wrong to prevent a lesbian from becoming a foster parent simply because she was gay. Nixon said the state's only legal argument was the gay sex statute, which no longer exists.

He dropped the case, angering the Department of Social Services. Director Gary Sherman asked Nixon to reconsider, writing in a letter, "I continue to be concerned that the department's input and expertise are not being solicited and accepted by your staff."

The agency also recently said it wanted to end part of its appeal over a court ruling tossing a state law restricting adoption subsidies but continue with another element. It's unclear whether that appeal will proceed.

The legal wrangling within state government goes to show that elected officials can try to use any situation to their political advantage.

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Newswoman Kelly Wiese covers state government and politics for The Associated Press.