New Yorkers' Choice for AG Boils Down to Litigation-Minded Public Advocate or Big-Law Partner
New York City Public Advocate Letitia James is fresh off a contentious four-way primary for the Democratic nomination to become the state's next attorney general, but her fight isn't over just yet.
September 14, 2018 at 05:14 PM
6 minute read
New York City Public Advocate Letitia James is fresh off her victory in a contentious four-way primary for the Democratic nomination, but she hasn't yet completed her path to becoming New York state's next attorney general.
James enjoyed a 10 percent margin of victory over her closest competitor in a race that polls showed as neck-and-neck entering its final phase. And with New York's sizable Democratic registration advantage and massive turnout bump in Thursday's primary, by most measures she enters the general election as a favorite.
But Republican Keith Wofford, a partner at Ropes & Gray in Manhattan, promises a vigorous campaign as the Republican nominee. He's on a leave of absence from the firm while he runs for the position, which hasn't been held by a Republican since 1998.
“I've got a track record and expertise that provides a real value to the public,” Wofford said in an interview with the New York Law Journal on Friday. “I'm selected by counsel who have billions of dollars at stake who could hire anyone. The taxpayer needs someone when their billions of dollars are at stake who has the same expertise.”
His campaign has hit the ground running, having already committed $3.25 million to advertising, according to a press release sent on Friday. He released his first television ad this week, which premiered Thursday night.
Wofford defines himself as a fighter for middle-class families in the ad, where he appears in the East Side neighborhood of Buffalo, New York, his hometown. The neighborhood is among the city's most impoverished areas.
“When you talk about qualifications for AG, for me it starts with my background and the sensibilities that I bring to litigation [from] where I've grown up,” Wofford said. “I was a working-class kid, which matters a lot in this context because the original associations for me in life with success were hard work and education.”
But James had less kind words for Wofford during her victory speech to supporters Thursday night. Her remarks suggested the tone of her campaign over the next eight weeks will be to tie her opponent to the de facto leader of the GOP, President Donald Trump. Trump is a natural foil for a would-be Democratic AG, as the next holder of the office will inherit cases filed by their predecessor to challenge policy initiatives of the administration, as well as a probe of the Trump Foundation.
“The next two months will be just as important as the last three, because we now face an opponent who voted for Donald Trump, who doesn't share our values,” James said. “Now is not the time for a Trump supporter to be in the office of attorney general.”
Little is known about Wofford's positions on high-profile cases currently being pursued against the Trump administration, and Trump himself. He said on Friday he would only bring litigation against the administration if it was in the interest of the state and its residents. He argued former Attorney General Eric Schneiderman had done so mostly for political purposes.
This is Wofford's first stint in politics. He's currently a co-managing partner at Ropes & Gray, where he primarily focuses on bankruptcy cases, creditors' rights, and corporate reorganization. He said his experience managing the firm, which has hundreds of attorneys, has prepared him over James to take the reins of the Attorney General's Office.
“My opponent doesn't really have that expertise,” Wofford said. “Dealing with melding a successful team of lawyers on that scale and magnitude is something I'm very proud to have already done and a skill that I would bring to the office.”
Wofford will face an uphill battle against James, who has an enrollment advantage in New York where Democrats outnumber Republicans two to one. He is confident voters will cross the aisle to vote for him.
“Voters are going to vote for me regardless of party because they don't want to make the same mistake we've made the last three times in selecting the AG,” Wofford said. “And that is picking an AG who is trying to move themselves up rather than moving the people up.”
Govs. Andrew Cuomo and Eliot Spitzer both served as state attorney general before their elections to the top statewide office. Before his dramatic exit from office, Schneiderman had been widely considered a future contender for governor.
James' political aspirations have long been known to political observers and operatives in New York City. Her run for public advocate was seen as following an often-taken path toward a future mayoral bid. But James acted quickly when the opportunity to run for attorney general opened up in the wake of Schneiderman's precipitous downfall amid allegations of domestic abuse.
Attorney general is not the first high-profile law-enforcement post James has been mentioned for. When Brooklyn District Attorney Ken Thompson passed away in October 2016, supporters put forward her name as a possible replacement. But the job ultimately went to Thompson's top deputy, Eric Gonzalez.
James' tenure as public advocate has also showed her interest in using the levers of the law to advance policy goals.
The office of New York City public advocate has no such statutory powers, but James, like some of her predecessors, has tried to expand its reach, generating public attention but mixed results in the state's courts.
Her lawsuit on behalf of the families of city school children over air conditioning on buses transporting disabled students received a green light in September 2016 when a Manhattan Supreme Court justice ruled James could proceed on behalf of the students, promoting Politico to opine that the decision “could significantly expand” James' “litigious approach” as public advocate.
But a decision by an Appellate Division, First Department panel a month later reversed the Supreme Court's ruling. That decision continued New York state courts' general approach of constraining the public advocate's use of litigation.
Assuming New York voters choose either of the two major-party candidates, James and Wofford are each poised to make history by choosing the first person of color to serve as the state's top lawyer. James would be the first woman elected to the position, and the first woman of color elected to statewide office.
James was not available for an interview on Friday. The general election is set for Nov. 6.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBipartisan Lawmakers to Hochul Urge Greater Student Loan Forgiveness for Public-Interest Lawyers
'Playing the Clock'?: Hochul Says NY's Discovery Loophole Is to Blame for Wide Dismissal of Criminal Cases
So Who Won? Congestion Pricing Ruling Leaves Both Sides Claiming Victory, Attorneys Seeking Clarification
4 minute readHochul Vetoes 'Grieving Families' Bill, Faulting a Lack of Changes to Suit Her Concerns
Trending Stories
- 1'A Death Sentence for TikTok'?: Litigators and Experts Weigh Impact of Potential Ban on Creators and Data Privacy
- 2Bribery Case Against Former Lt. Gov. Brian Benjamin Is Dropped
- 3‘Extremely Disturbing’: AI Firms Face Class Action by ‘Taskers’ Exposed to Traumatic Content
- 4State Appeals Court Revives BraunHagey Lawsuit Alleging $4.2M Unlawful Wire to China
- 5Invoking Trump, AG Bonta Reminds Lawyers of Duties to Noncitizens in Plea Dealing
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250