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Of Hats, Cowboys and Corporate Taxes

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Republican attorney general candidate Alben Hopkins, a successful Gulf Coast trial lawyer, attacked Attorney General Jim Hood Monday for using private attorneys to take on lawsuits on behalf of the state of Mississippi. Hood responded that the state does not have the staff to wage an expensive lawsuit against a corporate giant like MCI, which had to pay $100 million in cash and $15 million in property into the state coffers in 2005 for overdue taxes.

Instead, Hood said at a luncheon sponsored by the Mississippi State University's John C. Stennis Institute of Government, it makes sense for the state to use private attorneys willing to take the risk for a cut if the lawsuit works out for the state. MCI had to pay Booneville attorney Joey Langston $14 million in attorney's fees, in addition to the $115 million that went to state taxpayers, who didn't spend a dime to recoup the money.

"Had I not taken action, had those attorneys not brought us that idea, the most we would've got was $3.5 million," Hood said. "We got $100 million, plus I made them throw in the buildings downtown, and then made them pay our lawyers. People forget the fact that not one dime of taxpayer money went to pay those lawyer fees."

Hopkins, though, said that Hood is choosing lawyers who dedicate money to his campaign to represent the state. Langston has contributed about $17,000 to Hood's campaign this year.

"You have a situation here where you have a public official that is getting contributions from these firms ... and he is signing off on a contract that, in my opinion, is not legal at all," Hopkins said.

State Auditor Phil Bryant, who is running for lieutenant governor, threatened to sue Langston in Rankin County Circuit Court to force him to return the $14 million in fees MCI paid his firm. Langston responded this week by filing a complaint for declaratory relief in the Bankruptcy Court for the Southern District of New York, to confirm the court's 2005 order directing MCI to pay Langston's attorneys' fees.

Langston said Bryant's complaint is 28 months overdue and politically timed.

"Nobody had any complaints when the state spent the $100 million, within a week of getting it, on budget shortfalls," Langston said.

Hood said campaign contributions from attorneys to the AG's office was acceptable because the office isn't charged to regulate lawyers. He warned that limiting attorney contributions to the office would leave a contribution void that corporations would be happy to fill.

"As AG, you regulate corporations and criminals. … You don't regulate lawyers. … If they are unable to contribute in a race, then … that office will be bought and paid for by the people that you're supposed to regulate to protect the people from," Hood said.

Hopkins isn't so hard on corporations, saying he would not award contracts to attorneys who paid his campaign more than $1,000—but would open the door to corporations contributing more than $1,000.

"I will enforce the law against everybody in Mississippi. … It wouldn't make any difference what they gave me," Hopkins said, adding that he would not accept corporate campaign donations of more than $100,000.

During the same debate, Hood accused Hopkins of "padding his resumé" in one of Hopkins' recent campaign commercials saying "as chief judge of our top military court, Al Hopkins has served the law for 42 years."

Hood told the audience that Hopkins' service as chief judge of the Mississippi Court of Military Appeals since 1996, was an empty service on a court that has not heard one single case or met one single time in the last decade.

Hopkins said he wasn't padding his resumé, but admitted that the court had not met during his time as judge. "I guess you could say that the people in the military in the state of Mississippi are first-class individuals, and they don't get into trouble," Hopkins said.

Hood denounced the "misleading" ad. "My opponent's all hat, and no cowboy. You've got to be able to back (your record) up," Hood said. "… I believe that the people of Mississippi will see through this Washington-style attack-type campaign and decide this election on the issues."

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