1: Paragraph 11 Incumbent AG Charles M. Oberly III, first elected in
1982, shortly started publishing a newsletter as a private business.
Questions were raised as to whether that was ethical or even lawful, but
Oberly exercised his power to rule it was okay. That's what they mean
by, "There's no excuse for losing if you're keeping score." Today that
newsletter, which reports the rulings in some cases in Delaware courts,
is written by Deputy AGs and typed by secretaries in the Dept. of
Justice, both in the course of their public employment. But the
subscription money goes to Oberly personally, and although the quality
of the newsletter is poor, compared to competing publications, the
subscription price is lower, too, because Oberly doesn't have the same
production costs as his competitors, and some of his subscribers have
told me they see it as legal insurance -- they've noticed the Dept. of
Justice is more attentive to the needs of subscribers, and they more
often enjoy favorable results in legal proceedings, than nonsubscribers.
1: Paragraph 12 Oberly has rejected offers to purchase his
newsletter business for more than it's worth, because he wants to keep
that ostensibly legitimate mechanism for collecting money from the
citizens he's pledged to serve. You get what you pay for. That story
was told to me by several persons, including some of the competing
publishers, who had offered to buy Oberly out, while I was working for
them, but many other elected officers have lucrative private sidelines.
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