LETTERS: AG's COUNSEL TAKES EXCEPTION TO EDITORIAL

To the editor:

Regarding your March 13 editorial, "Failure to address mistakes imperils honesty," I never said state Sen. Peter Kinder's bill would affect the Missouri's ability to participate in the tobacco settlement. I told the Senate Pensions and General Laws Committee that the bill is a unilateral attempt to amend the settlement agreement, which could not be done without the consent of the tobacco industry. My point was that the bill cannot force the tobacco industry to pay the state for attorneys' fees because they have signed a contract that requires them to pay reasonable fees directly to outside counsel. It was on this point that I mentioned, briefly, a conversation I had with a Philip Morris lawyer.

I do believe, as I told the committee, that Kinder's bill may end up causing the taxpayers to have to pay outside counsel directly or even cause some of the money due us to be placed into escrow, as happened in Maryland. This would jeopardize Missouri's ability to put the tobacco settlement to good use by siphoning off funds to pay attorneys.

You wrote that "this episode is one example of why honesty in government is such a valued commodity." I couldn't agree more. In this case, my testimony was mischaracterized to the Philip Morris lawyer. He wrote a letter based on that mischaracterization. I ask you to reconsider your editorial.

CHARLES W. HATFIELD

Counsel to the Attorney General

Jefferson City, Mo.

Editor's note: The Southeast Missourian stands by its news reporting and its editorial on this matter.