The Pennsylvania Capitol on Monday, March 6, 2023. (Capital-Star file photo)
The attorney general is the state’s top law enforcement official, and recent office-holders have conducted high-profile investigations that received national attention. When Gov. Josh Shapiro was in the role, for example, he fought natural gas companies in court, and joined dozens of lawsuits against the policies of former President Donald Trump’s administration on the environment and abortion. His office released a grand jury report on widespread child sexual abuse by Catholic priests across the state in 2018, and challenged Trump’s efforts to overturn the 2020 election results.
Attorney General Michelle Henry, who was appointed to finish Shapiro’s term after he was elected governor, is not seeking reelection, making it the only statewide race for an open seat in Pennsylvania this year.
There are six candidates running to be Pennsylvania’s next Attorney General. Democrat Eugene DePasquale agreed to a telephone interview, Republican Dave Sunday and Forward Party candidate Eric Settle responded to written questionnaires. The other candidates: Libertarian Robert Cowburn, Green Party candidate Richard Weiss and Constitution Party candidate Justin Magill did not reply to requests from the Capital-Star by the deadline given.
Interviews have been lightly edited for length and clarity.
The candidates, the ballot measures, and the tools you need to cast your vote.
Eugene DePasquale, Democrat
DePasquale, who served as state auditor general from 2013 to 2021, has highlighted the investigations he oversaw as auditor, including finding over 3,000 untested rape kits, and 58,000 unanswered phone calls to the child abuse hotline during the campaign. He represented York County in the state House of Representatives from 2007 to 2013. He made an unsuccessful bid for Congress, running against U.S. Rep. Scott Perry (R-1oth District) in the 2020 general election.
Eugene DePasquale (campaign photo)
What do you consider the most important issue for Pennsylvania’s next attorney general to address?
The job is about protecting Pennsylvania, but you need to do that in several different ways. One is to make sure we have safe communities. Number two is make sure that we protect reproductive freedom and abortion rights. And number three, I certainly look at consumer protection as a significant part of what’s going to be a challenge for the next attorney general, particularly when it comes to prescription drug prices. So those are all areas that will be significant. Certainly you come into like talk about environmental protection will certainly be a high priority, and the next Attorney General may also be dealing with litigation post the election as right so but, but that public safety, abortion rights, consumer protection, all fall into the category. Yeah,
What on the job experience has do you think has best prepared you for the attorney general role?
I have a record of protecting Pennsylvania, every single part of this commonwealth. I have a record of conducting statewide investigations, rooting out corruption, taking on people that make that do bad things, no matter who they are, and so that, in particular, I think, has been the perfect training ground to be the Attorney General. Certainly my time in the legislature, working on the Judiciary Committee, was certainly part of that. And again, when I became an adjunct professor in state constitutional law it was one of the subjects I taught. I didn’t do that with the idea of training, but certainly being as close as you can be to being an expert on our state constitution is certainly an important part of being Attorney General as well.
How would you seek to protect abortion rights in Pennsylvania as AG, and do you believe abortion rights should be enshrined in the state constitution?
I believe that there is protection there. Now, it is not explicit, I want to be clear, but I do believe that we have a very robust — what comes close to what you would consider an Equal Rights Amendment in our state constitution. They can’t discriminate on the basis of sex. And I believe that denying abortion rights, in my view, would be discrimination based on gender. So I believe that it is in there. And I also think that Republicans — not all Republicans, obviously, I’m talking about the legislative Republicans trying to amend the Constitution to remove that as a backdoor— is an admission by them that it is in there. So why would you try to amend the Constitution to deny abortion rights if you don’t believe it’s in there? So that’s how I view that. Beyond that, what we clearly have, intentions by some to ban abortion nationwide, and I will obviously be strongly resisting that
Even if none of that happens, it is a real threat, like I am not taking any of that lightly. But even if that doesn’t happen, you certainly are going to have women needing to leave these other extreme states and come here and and and I have made it clear that I’m going to be protecting reproductive freedom as well. Look, our family had an ectopic pregnancy, yeah, that we can and so, I mean, we saw firsthand like that that can lead to women dying in some states. Women have to leave these states. It’s horrifying, yeah. And so I’ve made it clear that I’m not just going to do protect reproductive freedom for women of Pennsylvania, but do it for women that have to travel here as well, and when these other extreme attorney generals try to get their private health data, I’m not, I’m just not going to tolerate that in Pennsylvania. Yeah,
You have touted a report that you conducted when you were auditor general on a backlog of untested rape kits as evidence that you’re able to conduct statewide investigations. Is this an issue you’d see to revisit if you were elected AG?
Number one, it shows I know how to do the work but beyond that is something that I would certainly, as Attorney General, make sure doesn’t happen again.
I would immediately start to review pharmacy benefit managers, where we are on the prescription drug pricing schemes. Why are we losing that? I would immediately begin to work with AGs across the country on these consumer scams, these people trying to scam our seniors. I would immediately open up investigations into that as well, and certainly worried about worker protection, whether workers are getting paid what on a lot of these construction jobs; and worker safety there as well.
How would you seek to address the issue of gun crime and gun violence in Pennsylvania as Attorney General?
Number one, I want to talk about that not enough people talk about that is two thirds of all firearms deaths are the result of suicide. And as Attorney General, I want to make sure that I’m leading the fight on mental health as well, because that’s a big part of this.
And certainly getting illegal guns off the street, it is absolutely critical to work on that. We’ll continue the work of then-Attorney General now Governor Shapiro on ghost guns. Obviously, that’s important. I’ll continue all of that, and certainly I think we do a very good job in Pennsylvania holding the person responsible or punishing the person that pulls the trigger, but we’ve got to do a better job of getting the person that sold the gun illegally as well. So those would all be priorities.
But we’ve also got to make sure that we are addressing the people that are committing suicide. I think pushing for red flag laws is an important part of that, but also making sure that we have a better mental health system in Pennsylvania. When I was chairing the school safety task force along with Governor Wolf, one thing that became very apparent is when I was visiting the schools, there is a mental health crisis going on here. I’m not blaming social media for all of it, but that’s certainly part of this. We’ve got to, we’ve got to get under the hood there.
In the aftermath of the 2020, election, then-AG Shapiro, dealt with several lawsuits that had the aim of invalidating Pennsylvania’s election results. If confronted with similar lawsuits that question the results of a future election, how would you ensure that the state’s election results were validated and protected?
The job of the Attorney General is really in that situation, is not to take the winner, but back the election law, defend the abortion law of the state or the election law of the state, and making sure that the people that cast their votes legally get their votes counted as accurately as possible. That’s the job. And so he did a great job on that, and I would certainly continue that work.
Your opponent has said one of his top priorities as attorney general would be to address the opioid epidemic. How would you tackle this issue if you’re elected Attorney General?
So first of all, this one is also personal. My dad was wounded in Vietnam, eventually became addicted to painkillers and started dealing and received a 10 and a half year federal prison sentence. So that’s something that I certainly have a personal experience with.
One of the things that I did as auditor general was I conducted an investigation of all of our drug rehabilitation programs to determine what worked and what didn’t, and I will use that experience with the opioid settlement dollars to make sure that we’re driving money to the right treatment programs.
Again, I’m not saying we’re not right now, but I’ll make sure we are then beyond that, I’ve said point blank, we’ve got to turn what I think is the most failed war in the history of the United States, and that’s the war on drugs, and turn it into a battle against addiction.
You have received some criticism, particularly from your opponent, being perceived as a professional office seeker, and sort of the running joke in Pennsylvania politics is that AG stands for almost governor. Do you have aspirations beyond the AGs office? And how would you reassure voters that you would focus on the duties of the AGs office?
All I can tell you is this, when I was Auditor General, I served that job for eight years — even my opponent said I did a good job — and never sought another office while I was there. That’s part of the record. If you gave me a contract right now saying I could be attorney general for eight years and nothing else, I would sign that right now.
This is one of the most important jobs in Pennsylvania, at least in public life, and I would absolutely tell you that I’m all in on doing this after eight years. If the Phillies or Pirates want me to play center field, I’m happy to know, consider those options. I think it’s getting tougher for me to do that now and probably be closing in on 60 by then. But if you’re asking me about this, is this the job I want? Yes.
I think people saw my work as auditor general. I took on tough fights no matter who it was, sometimes as people in my own party, sometimes others, but also if I thought someone was doing the right thing and doing what they needed to do, I said it as well, and that’s the exact type of approach I’ll take as Attorney General: I’ll protect Pennsylvanians against bad actors, no matter who they are, and I’ll hold people accountable. And hopefully the voters will trust me with that responsibility. If they do, I’ll work as hard as humanly possible.
Dave Sunday
Sunday has been York County’s District Attorney since 2018, now serving his second term in office. He worked as a law clerk for a York County Common Pleas judge before he joined the DA’s office. In 2013, he was appointed special assistant U.S. Attorney for the Middle District of Pennsylvania by the U.S. Department of Justice. In prosecuting cases related to the opioid epidemic Sunday took a collaborative approach working with other agencies, and an Indiana University of Pennsylvania study found reduced recidivism rates in York over the past five years, which he credited to the county’s Early Termination of Probation program.
What do you consider the most important issue for the next Attorney General to address?
Dealing with the fentanyl crisis by targeting the organizations that traffic it and bring it into our communities has to be the most important issue that our Attorney General takes. Fifteen Pennsylvanians a day die of an overdose. This is the most critical task we face as a Commonwealth in the criminal justice space.
What on-the-job experience has best prepared you for the AG role?
I have been a prosecutor for 15 years and am the twice elected District Attorney in York County. Prior to being elected DA, I was a line prosecutor handling cases that ranged from DUI to murders. I was appointed a Special Assistant US Attorney to prosecute gang, illegal gun and drug cases in Federal Court. In this position I led the prosecution of over 100 members of a violent criminal gang operating in York County. Since I became DA, we have prosecuted over 40,000 criminal cases with close to a 97% conviction rate.
Now is not the time for an Attorney General that needs on the job training. I have prosecuted cases in the same courts that the Attorney General practices in. I not only know what each division of the Attorney General’s office does, but I understand their duties because I’ve most likely been involved in a case similar to what they are tasked with.
During a March debate before the state primary election, you said you did not believe there is a constitutional right to an abortion in Pennsylvania, but that you would follow the law as determined by the legislature. Gov. Josh Shapiro has said his administration would not enforce the state Abortion Control Act’s prohibitions on using public funds to pay for abortion. Is this a position you would challenge as AG if elected?
Pennsylvania’s abortion laws are governed by the Pennsylvania Abortion Control Act which was passed when I was 6 years old in the 1980s. The Attorney General must follow the law as passed by the legislature and signed by a Governor. The Governor’s office is not tasked with defending Pennsylvania’s statutes in court- the Attorney General Until a court determines that a law is unconstitutional it is the duty of the Attorney General to defend it.
In fact, the law says the Attorney General SHALL defend the Commonwealth’s laws. We do not prejudge what we think a court may or may not say nor do we substitute our own judgement for theirs. It is not appropriate for an Attorney General to pick and choose the laws they will enforce and defend and which ones they will not. If we start down that path, we will have chaos in our criminal justice system and in the law itself.
In the aftermath of the 2020 election then-AG Josh Shapiro dealt with several lawsuits that had the aim of invalidating Pennsylvania’s election results. If confronted with similar lawsuits questioning the results of a future election, how would you ensure that the state’s election results were validated?
The best way to defend Democracy is to enforce the laws that have been passed by the legislature and signed by the governor. That is what I will do in the case of future challenges to election results, election law and in any other matter.
You also said in March that failing to prosecute illegal firearms possession cases was a top cause of crime. How would you go about addressing that issue if elected?
Most gun crimes are committed by illegally obtained weapons. I would continue the good work of the Gun Violence Task force to ensure that illegal guns are intercepted and taken off the streets and that those who are obtaining and distributing those weapons are held accountable for doing so.
You’ve said one of your top priorities is addressing the opioid epidemic. How would you tackle this issue if elected AG?
This is a critical issue in Pennsylvania and one that my experience prepares me for the job ahead of our next Attorney General. My philosophy as a prosecutor has been rooted in the principles of accountability and redemption. We must hold people accountable for their actions especially those who are selling these drugs and harming our communities. Using economic terms, we must address the supply side of the drug trade by taking drug dealers off the streets.
At the same time, we must embrace redemption and ensure people aren’t providing a demand for the drugs. Over 90% of the people who come into the criminal justice system are coming back to live in our neighborhoods eventually. It is our duty and it is in our interest to ensure that they get the help that they need to reclaim their lives.
In York, we have collaborated with our health systems, our churches and our recovery agencies to ensure that is happening. It’s been called a model for the state by those who have looked at it, including my opponent. As a member of the District Attorneys Association’s executive board, I have worked with other District Attorneys to replicate and as Attorney General I’ll start to collaborate with our partners to implement it throughout the Commonwealth.
You’ve received criticism for receiving in-kind donations from a political action committee associated with billionaire Jeffrey Yass. How do you reassure voters that these kinds of campaign contributions won’t affect how you perform the duties of the AG office?
I have presented my 15 years of experience as a career prosecutor and my platform of bringing accountability and redemption to the criminal justice system to hundreds of groups and gatherings in the last year and a half. My message has never changed from the day I announced my candidacy to today. I’m very humbled that so many people and organizations from labor unions to business groups to individual Pennsylvanians have chosen to give their time and treasure to help me bring that message to the people of Pennsylvania. My approach to being the Attorney General will be the same as my approach to being District Attorney. I will make each decision based on the facts and the law before me. If you supported me or if you didn’t support me will have no impact on the decisions I make.
A running joke in Pennsylvania politics is that “AG” stands for “Almost Governor” as several past AGs have later been elected governor. Do you have aspirations beyond the AG’s office?
My focus is on winning this election and being an effective Attorney General.
Eric Settle
Settle is a former Republican from Montgomery County who served as Deputy General Counsel to former Pennsylvania Gov. Tom Ridge and as senior counsel for AmeriHealth Caritas. He worked on Gov. Josh Shapiro’s transition team on the health and human services advisory committee.
Forward Party candidate for Attorney General Eric Settle (campaign photo)
What do you consider the most important issue for the next Attorney General to address?
The most important issue for the Attorney General is to make sure that Pennsylvanians feel safe. The crime statistics are mixed since their peak right after the pandemic, but there is certainly too much crime against both people and property. With the AG’s concurrent jurisdiction over criminal issues, as AG, I would muster the resources to help local law enforcement and district attorneys to effectively prosecute criminals. I am supportive of Act 40 which provides the AG with direct jurisdiction over crimes on SEPTA in Southeast Pa. As AG, my first act would be to appoint a First Deputy who will be an experienced prosecutor who can complement my skills. This person’s first act would be to identify and help me appoint a special prosecutor for Act 40.
Second, I think the next AG needs to protect democracy in our commonwealth. I think after the 2020 elections, we can no longer take for granted that election results will be peacefully honored. As an independent Attorney General, not beholden to either of the major parties, I can work diligently to protect the outcome of the 2024 election regardless of which party is victorious.
Finally, as someone with an extensive career in healthcare, I will be focused on protecting healthcare access to Pennsylvanians. This is both access to care through the availability of programs like Health Choices to help pay for care and access by protecting non-profit hospitals from closure and from acquisition by unscrupulous for profit entities. If such transactions are necessary to preserve hospitals, as AG, I will use my direct jurisdiction to impose detailed consent orders that will help best protect healthcare access and jobs.
What on-the-job experience has best prepared you for the AG role?
As Deputy General Counsel to Governor Tom Ridge, I worked directly with the Attorney General and his senior leadership. My areas of responsibility included Healthcare and Environmental affairs. I also had responsibilities for reviewing all new regulations that were presented to the independent regulatory review commission where I had concurrent jurisdiction with the Attorney General’ Office.
After my public service, I led the bipartisan efforts for the successful passage of Act 62, a law requiring insurance companies to pay for services for kids with autism. This effort which required me to shepherd a major piece of legislation through a Democrat-led House and a Republican-led Senate demonstrated my ability to find compromise to help children with special needs to get the services they needed in a cost effective manner. As an independent Attorney General, I can apply these skills to be an effective advocate both for the agency that represents the people of the Commonwealth and for issues that impact the safety and well-being of its citizens.
Do you believe the right to an abortion should be enshrined in the state Constitution? How would you uphold the state’s current abortion laws if elected AG?
As someone who has always believed that reproductive freedom should be available to the women of Pennsylvania as interpreted by the Supreme Court in the Casey decision, which allowed for choice with some reasonable restrictions, with the overturning of Roe v. Wade, it may be time to consider a constitutional amendment to create some permanent protections. As we have seen around the nation, many states have sought to impose draconian new laws that are both unfair and harmful to health of many pregnant women who have been denied important care. Pennsylvania should not go down this path.
As for the current Pennsylvania law on abortion, as Attorney General, I would have the obligation to enforce this law unless I found it to be unconstitutional. I believe the current law is reasonable and my office would defend it.
In the aftermath of the 2020 election then-AG Josh Shapiro dealt with several lawsuits that had the aim of invalidating Pennsylvania’s election results. If confronted with similar lawsuits questioning the results of a future election, how would you ensure that the state’s election results were validated and protected?
As an independent Attorney General, I am not beholden to either major political party. Unlike my two major opponents, I am free to defend the outcome of the election, including the 2024 Presidential election as the new AG will be sworn in on January 17 when the outcome of this election may still hang in the balance. I admired the effort of then AG Shapiro (and proudly served on his gubernatorial transition team) and would work diligently to help ensure that the outcome of election would be honored regardless of who is the victor. This is a fundamental aspect of our democracy that was shown to be fragile but resilient on January 6 and in the early hours of January 7. We hope that such a dangerous moment never comes again and as AG, I will use all our resources to prevent it.
As AG, how would you seek to address the issue of gun crime and gun violence in Pennsylvania, particularly in Philadelphia where the problem is most acute?
Gun violence and gun crime not only impacts cities like Philadelphia but all over the Commonwealth. We need to address the underlying causes of violent crimes but that will take significant time and resources. But we can try to reduce the number of weapons on our streets, especially assault weapons, ghost guns and other weapons that endanger citizens and law enforcement. One tangible step is to ban the sale of new assault style weapons in Pennsylvania. While it will not eliminate the problem, it will be an immediate sensible step. We cannot continue to just bow our heads in thoughts and prayers.
How would you seek to address the opioid epidemic if elected AG?
Like gun violence, the cause of the opioid crisis is complex and it is a combination of a criminal problem which the AG can impact and a public health crisis that requires more hands around the table. As AG, I will work with our law enforcement partners at the local, state and federal levels to seek to stop the flow of illegal drugs into our Commonwealth and seek to prosecute those criminals who are making these drugs available to those who are not legally permitted to use them and those that are promoting the overuse of these powerful substances. At the same time, I will seek to spearhead programs that recognize that the users of opioids are suffering from an addiction that is not entirely their fault and help steer the opioid settlement money to create the greatest possible impact around the Commonwealth.
Are you concerned as a third party candidate about playing “spoiler” and possibly helping to elect a candidate by siphoning votes away from his opponent?
I think Pennsylvanians should have the opportunity to elect the most qualified person to serve as its next Attorney General. I think it is the time to elect an independent Attorney General for the first time who is not beholden to either major parties’. national Attorney Generals Association, who will administer the office fairly, pursue justice evenly and will undertake challenges or not, to federal laws and regulations that are not in the best interests of all Pennsylvanians and not be based on which party introduced the idea.
I think the Commonwealth will benefit from an Attorney General who has experience in government and in the private sector who can bring those skills to oversee an important agency that is more than just being Pennsylvania’s chief prosecutor. And as long as I receive 2 percent of the vote, then the Forward Party will be established as an official minority party as a first step to allow other candidates to run as Forwardists in the future seeking to give Pennsylvanians more choice in their candidates. That alone is a reason for this effort and worthy of a vote for me.