This article first appeared in the St. Louis Beacon: October 15, 2008 - Earlier this month, while St. Louis was nursing a political hangover after hosting the vice-presidential debate, former Missouri Gov. Bob Holden welcomed the candidates for state attorney general to a public policy forum at Webster University.
It was a low-key affair with Republican Mike Gibbons of Kirkwood, majority leader of the state Senate, and Democrat Chris Koster, a state senator from Raymore, appearing separately at the Oct. 3 "Pizza and Politics" discussion. Each took a turn in the chair next to Holden at a small table set up in the Sunnen Lounge at Webster, where the former Democratic governor now teaches. Even with the promised pizza and soda, only about 20 people attended the forum held on the afternoon after the debate at Washington University drew international attention. But the candidates gave it the old college try, each spending about 45 minutes outlining their campaign philosophies.
First up was Gibbons, 49, a lifelong resident of Kirkwood, who was a state senator during Holden's term, which started in January 2001 and ended in January 2005. Though they are members of opposing parties, both men stressed their ability to forge a cordial working relationship through some trying times -- which Gibbons described as two of "the worst financial years" the state has seen.
"We were there to pursue what was best for the people of Missouri," Gibbons said, noting that his relationship with Holden is proof that "you don't have to switch parties to be friends with a Democrat."
During his introduction, Holden said, "If Mike Gibbons is elected Missouri's attorney general, the people of Missouri will be sure they have a good attorney general."
Koster, 44, was elected to the state Senate in 2004 as a Republican -- as Holden's term was ending -- so they don't share the same political history. On the other hand, they now belong to the same political party.
Koster made headlines in August 2007 when he became a Democrat, citing deep disagreements with Republicans on such issues as stem-cell research and workers' rights.
"These guys are leading in a way that is no longer healthy for the state,'' Koster said at the forum.
Though the event was a genteel affair, it did offer glimpses into the personalities of the candidates. Koster, a former county prosecutor who wears Western boots with his business suits, could be cast as himself in a movie about a rural prosecutor -- prompting Gibbons to joke during a recent debate, "If this race turns into a beauty contest, I have a serious problem."
Both are lawyers who share the ambition of running the attorney general's office, which can be described as the state's own legal firm, with more than 200 lawyers and about 150 staff members. While the office does not set policy, per se, the attorney general does wield power in terms of the actions taken. The office defends the laws of the state, prosecutes cases and represents state agencies and commissions.
Gibbons stressed his legislative leadership and ability to get things done. Koster, who served as prosecuting attorney of Cass County for 10 years, stressed his experience as a prosecutor and promised to be an "activist attorney general."
Gibbons had an easy road to his party's nomination, running unopposed in the primary.
Koster's candidacy has had its share of drama. His was a hard-fought primary victory that survived a tough battle with state Rep. Margaret Donnelly of Richmond Heights, who demanded a vote recount. Koster's 829-vote margin was eventually upheld by the secretary of state.
During the primary, Koster took heat for his party switch, his ex-wife's criticisms that were widely reported, and charges that his campaign violated state fundraising laws. Those charges were dismissed by the state Ethics Commission.
In an interview this week, Koster acknowledged that the recount had been an added challenge but that voters have accepted him as the Democratic nominee.
"There have been a lot of challenges along the road,'' Koster said. "Margaret was a terrific candidate, ran a great race and easily could have won this thing, I think, if small changes occurred in the dynamics of the race. I have a high degree of respect for Margaret and want to do everything I can to make sure that everything she has fought for and the interests of her supporters are carried forward in the next AG's office.''
Gibbons stresses his leadership skills
Gibbons began his political career in 1986 when he was elected to the Kirkwood City Council. He served eight years as a state representative before being elected to the Senate, where he is now serving his second term.
Gibbons practiced law in Kirkwood with his father for 20 years and is now with the law firm of Stinson, Morrison, Hecker. He believes his record of leadership in the Senate sets him apart from Koster and has prepared him to be attorney general.
"I think I've shown that I'm capable of managing something that has a lot of varied interests and objectives," Gibbons said in an interview last week. "In the Senate, you've got 34 members all going off in different directions. Trying to put that together in a way that focuses on goals and objectives -- and doing that effectively and being fiscally prudent as far as the management and in running of the Senate -- I think gives me a real leg up.''
Koster said he believes the attorney general's post would offer him the best opportunity to make a positive difference for Missourians and he wants to help keep them safe and secure in their homes.
"Also, it allows me to combine skills that I have developed as a lawyer over the years,'' he said.
Gibbons emphasizes his plan to beef up the cyber crimes unit in the attorney general's office. He wants to provide assistance to state law-enforcement officials, particularly in smaller counties with limited resources, in stopping Internet scams and other predators from attacking children or bank accounts. The unit would include a lawyer who is knowledgeable and familiar with prosecuting those offenses, plus several investigators and a computer forensic specialist.
"This is such a vast and rapidly evolving area and affects so many people that I really think it needs to be its own stand-alone unit," Gibbons said.
He said the costs would be limited because it would use existing resources -- and some consumer assistance would be inexpensive, such as using the Internet to warn people about scams. The challenge, he says, is keeping everyone educated about what's going on now, while looking ahead.
"Once you have figured out one scam or one threat, the next one's already upon you. So, you really have to work hard to stay on top of it," Gibbons said.
As attorney general, Gibbons said he would not only insist on transparency in his own office but would push other state officials to do the same. He says he finds it odd that some elected officials are hesitant to make public records accessible. Public access to information improves the ability of Missourians to really understand what's going on with their government.
"Then when it's time for an election they ought to have a pretty good idea whether that's something they support or they don't and they can cast their vote effectively in a way that makes sense,'' he said.
Gibbons said he would re-evaluate the investigation by Jay Nixon, the current attorney general, to access emails from Gov. Matt Blunt and push forward if the facts warranted.
"I do think that the law needs a bit of an overhaul as far as what constitutes public records in the 21st century -- and to make sure people really understand what it is and what isn't public record, so there is clarity,'' Gibbons said.
Gibbons says that although the attorney general does not serve as a policy-maker, the office can advocate change and should work with the legislature on issues affecting state residents, such as fraud prevention.
"One of the things that always surprised me with the current attorney general is that he hasn't been over to the legislature more with a legislative agenda that says, in effect, here are some things that I've encountered over the last year that I think we should look at addressing,'' Gibbons said. "Having served in the legislature for 16 years and in leadership positions for quite a bit of that, I will be in the position to be a good advocate for the people of Missouri when some changes need to happen to help them be more safe and secure.''
Koster stresses his experience as a prosecutor
Koster, who has been a Democrat for just over a year, doesn't hold back when assessing his former party's chances this election year.
"I think it's going to swing back Democrat,'' he said in an interview last week.
"There is nobody in the state of Missouri -- I don't believe even the hard-core Republicans believe the answer is to go further to the right. How could you step up and slash health care now? How could you step up and reduce workers' compensation coverage or unemployment coverage?" Koster said. "These guys have walked into a dead-end alley that is a very short alley. I don't know how they possibly win in this environment. The anger that is going to be sounded 25 days from now is going to be like nothing I have ever seen in my life and probably like nothing I will ever see again."
That said, Koster said it can be tough to get voters to pay attention to a state attorney general's race during a national election year.
"I recognize that this is a tertiary concern in people's minds right now -- they're concentrating on their own lives, and shoring up and securing their futures. Then they're talking about a presidential race and the governor is a big step down and a big step down from there is the attorney general,'' Koster said.
Koster, who was born and raised in St. Louis, is the son of Rich Koster, a former St. Louis Globe-Democrat staffer who regularly appeared on the public affairs television show "Donnybrook" on KETC-Channel 9.
"I was raised in a household of Republicans,'' he said. "They will vote for me, I'm positive they'll vote for me, and they are incredibly supportive but largely because they love me unconditionally.''
Koster, who represents Cass, Johnson, Bates and Vernon counties, said that people may have been shocked when he switched parties but it shouldn't have been surprising because of his record in the legislature, including his support for stem-cell research and standing up to corporate interests, such as AmerenUE during power outages that left people without electricity for weeks.
Koster stresses his background as a prosecutor that, he says, equips him to take on fraud and unscrupulous activities in the state. He warns that he will be an "activist" attorney general who is concerned with major issues beyond protecting the state's no-call list.
"It's the nature of the cases you bring," Koster said. "In the economic climate we're in it is more important than ever to have an attorney general that's willing to stand up to unscrupulous corporate interests, including those that play heavily in the political arena. People should know that I would do it because they've seen me do it in the past.''
As a county prosecutor, Koster said he took on gas companies for price gouging after Sept. 11. He said he would use that same drive to investigate Medicaid fraud in the state that he believes accounts for millions of dollars that could fund state programs, such as education.
Like Gibbons, Koster said he would support efforts to obtain Blunt's emails.
"Emails are the M.O. of government communication these days and to assume that those are outside of the sunshine law is unrealistic," he said.
Koster differs with Gibbons who supports a proposed shield law that would allow journalists to protect their sources in court cases. Koster said the search for truth outweighs a journalist's relationship with a source and should not be granted the same immunity as say, the relationship between a husband and wife, or attorney and client.
And, he said, there is no way to separate ethical journalists from people who write attack blogs, for example.
"There's no way under the First Amendment to give The New York Times something and not to give it to someone who is absolutely and widely known to be an irresponsible attack journalist,'' Koster said.
Some common -- and contested -- ground
Both Gibbons and Koster say they would take strong action against consumer crimes, such as predatory lending, and would support stronger laws to crack down on methamphetamine producers. They both called for re-evaluating state sentencing procedures to ensure equal punishment for equal crimes throughout the state.
And they have both started running ads increasingly critical of their opponent.
In an email to his supporters last week, Koster blasted Gibbons for accepting a $1.1 million donation from the Republican State Leadership Committee, a national group that supports Republican candidates in down-ballot races. Koster accused Gibbons of selling his campaign to Washington Republicans and "the major corporations our next attorney general will be charged with standing up to.''
Gibbons also received large donations from Koster's ex-wife and former father-in-law.
Gibbons said that criticisms from Koster that he had sold out are "absolutely false.''
"The Republican Attorney General's Association has been aware of my candidacy and following it for several months, and they're not involved in this campaign at all," Gibbons said. "They've had a chance to see the issues we're working on and how the campaign is going and the effectiveness of our efforts. What they told me is, 'We think you're the best candidate for this job, and we want to help.' "
