Of all the Colorado elected official choices voters must decide this year, the race most demanding clarity is that of state attorney general.

For months, Republicans have erroneously tried to make an incongruous election case in the race between incumbent Democrat Phil Weiser and GOP challenger, John Kellner, the nascent district attorney for the Arapahoe County region.

Republicans argue that electing Kellner will reduce car thefts, shootings and drug overdoses across the state.

Given that seems to be Kellner’s priority, and how little the state office of attorney general can or should directly impact that, both Kellner and voters would end up being wildly disappointed and frustrated with Kellner at the helm.

That’s only the chief reason to re-elect Weiser for another term.

It was a surprise last year when Kellner announced his intent to run for the attorney general’s job. He’s less than two years into his first term of district attorney and unexpectedly wanted to change jobs.

Oddly, Kellner’s race seems driven by his Arapahoe County predecessor, DA George Brauchler, now a right-wing talk-radio host. Brauchler lost to Weiser four years ago.

On the air and in social media, Brauchler pounds on Weiser for not doing more to stop car thieves and fentanyl overdoses. Kellner has joined that misleading refrain in his bid to unseat the first-term Democrat.

If Brauchler and Kellner are confused about the job of attorney general, it speaks poorly of their campaign. If they’re being disingenuous about what Kellner can actually do as attorney general – as opposed to what they’re promising voters – that’s reprehensible.

The attorney general is the state’s and people’s lawyer, not a criminal prosecutor. The office first and foremost advises the governor and state agencies on a vast array of legal matters.

It’s something Weiser has done admirably and impressively during his first term. He came well-qualified for the job after his tenure in the U.S. Department of Justice and as dean of the University of Colorado School of Law.

The AG’s charge is to defend the interests of residents against corporations, governments and individuals illegally or unethically usurping our rights, our property and our lives.

Weiser has done an outstanding job as a watchdog of issues threatening our health and environment, created by oil and gas companies and opioid manufacturers. Weiser has successfully worked to protect the rights and opportunities of Colorado residents and businesses against national interests and conglomerates.

Kellner wrongly intimates that the attorney general should be involved in reforming parole, sentencing or local bail requirements, which is the role of lawmakers and the Department of Corrections.

The only tool there is the bully pulpit during the general assembly. The state AG is one voice among hundreds during lawmaking sessions. Past attorneys general can apprise Kellner, and others, that expecting the Legislature to yield to the counsel of the AG is hopeful best.

It doesn’t mean the attorney general’s office can’t work to route out large-scale drug and theft operations, and Weiser’s office has.

By design, the attorney general’s office is composed of lawyers, not police officers.

There is, however, a place for the state AG’s office to further reduce the most prevalent crime in the nation: fraud. Fraud and so-called “white collar” crime by far affects the most people, and often the most vulnerable.

For decades, national crime and safety experts agree that fraud is the nation’s most pervasive and underreported crime in the country, including in Colorado. Estimates blame fraud for between $426 billion to $1.7 trillion each year, according to the Department of Justice.

Weiser’s office points to a long list of efforts made to prevent people from becoming victims of fraud and prosecuting those who commit it.

The efforts, however, pale in comparison to the need. That’s a problem more of funding than priority.

Another relatively new and critical role of the attorney general is policing local police departments, an issue crucial to Aurora.

Kellner said he’s willing to pursue the role and tenor of Weiser’s job as arbiter of the consent decree with Aurora to mandate a wide range of police reforms. Weiser, however, has shown solid leadership already in pursuing critically needed changes.

Then there’s the matter of doing what the AG’s office actually does as a litigator. The attorney general represents the interest of the people in issues made urgent by other courts, such as abortion rights.

Kellner has said that his personal beliefs in favor of restricting women’s reproductive rights would not affect his ability to defend the conflicting rights and views of the vast majority state residents, who disagree with him.

However, Kellner’s legal prowess tumbled after he touted the U.S. Supreme Court Dobbs ruling, ending decades of abortion rights under Roe vs Wade that is not suddenly the matter of states.

Weiser immediately rebuked the Dobbs ruling for what it was: political, tortured logic of judicial activists.

Kellner might prove to be a successful Arapahoe County prosecutor as his term plays out. He’s shown promise by working with other district attorneys across the state in providing web-based data and accountability, in what he calls a “dash-board” program. Such vetted and compelling data could be critical to state and local lawmakers working to find ways to protect everyone from street crimes while providing justice – and equity.

Weiser has already proved to be well-suited as Colorado’s lawyer in handling the job for what it really is, not a politically expedient ploy to rook voters into thinking it should be. His ability to garner praise and endorsements even from Republicans comes from his solid record as a pragmatic attorney and unwavering defender of individual rights. 

Voters should re-elect Weiser to another term.

Aurora Sentinel Editorial Board