THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Sunday, January 26, 1997 TAG: 9701260069
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ROBERT LITTLE, STAFF WRITER
DATELINE: RICHMOND LENGTH: 197 lines
You won't usually find Mark Earley and Ken Stolle at the center of anything, dedicated conservatives that they are.
But as this year's session of the General Assembly progresses, looking more and more like a campaign advertisement in disguise, the two Hampton Roads Republicans are at the center of it all.
Both have designs on the job of attorney general of Virginia, seat of the state's legal counsel and top cop - and a traditional launching pad for aspiring governors.
And both serve in Virginia's upper chamber, where the GOP has real lawmaking might for the first time this century.
That means that two of Southeastern Virginia's senior Republicans, who rarely differ on matters legislative, are battling each other even as they work together.
Already, Earley and Stolle are among the state Senate's more conspicuous legislators. Rarely will controversial matters about morals or crime pass through the chamber without one or the other participating in the debate.
``I don't feel like I'm in competition with Mark. We've always worked together in the General Assembly,'' Stolle, of Virginia Beach, said in an interview.
Earley, of Chesapeake, said in a separate interview: ``I'm sure we'll continue to agree on many things.''
But the packages of bills that the two are driving through the General Assembly this year highlight vastly different legislative styles - and obvious disagreement about the kind of priorities an attorney general ought to have.
Earley says Stolle is a one-issue legislator who lacks the temperament to be attorney general. Stolle says Earley is a one-issue legislator too focused on morality to serve statewide.
Earley has long been the Senate's champion of the unborn. His bill making the killing of a fetus, or ``feticide,'' the equivalent to murder is advancing through the legislature. Another bill, banning partial-birth abortions, should be heard this week.
But the crescendo of Earley's legislative resume would be the passage of a bill prohibiting doctors from performing abortions on minors without a parent's knowledge. A perennial loser, the parental notification bill is expected to pass into law this year if there are no surprises.
Already the favorite son of religious conservatives, Earley would be their undisputed champion with a pro-life victory to his name.
``I wish I lived in a time when I didn't have to take up the cause of defending the dignity and the worth of the unborn, or any of the most vulnerable in our society,'' Earley said.
Stolle is more the take-no-prisoners type of lawmaker, a former cop whose punish-the-criminals legislative agenda is always rich in crime-related bills.
He wants to create a money-laundering statute to break drug-dealing rings and extend the death penalty to drug kingpins. He is carrying the effort to make complaints about judges investigated in public forums.
His top priority: a new drug statute that would force more people into treatment programs while slapping tougher sanctions on the most serious drug offenders.
``Even if nothing else happens in this session with regard to crime, we will have taken a big step toward fighting the drug problem,'' Stolle said.
``That would be the most important bill passed this year, I think.''
Each man will likely vote for the other's legislation. And they will pursue issues beyond abortion and crime.
Earley is seeking money to help people with mental disabilities live in transitional homes instead of institutions. He'll also seek tougher drunken-driving penalties and try to restrict gambling.
Stolle wants to give teachers civil immunity from accidents that happen to students, restrict horse racing and guarantee that prostate cancer tests are covered by insurance companies.
But both men's reputations center on their areas of expertise - Stolle for crime legislation and Earley for conservative social issues. And both say those issues would remain priorities if they reach the attorney general's office.
``I think I'll continue to be an advocate for the things I've been an advocate for,'' said Earley, considered a strong choice by fundamentalist conservatives.
``I'd certainly use the attorney general's office as a bully pulpit for parental notification, and I'd certainly use it as a bully pulpit for increased funding for the mentally ill.''
Said Stolle: ``If somebody looks at my overall record, they'll see that I focus on public safety. That's my background and I make no excuses for it. An attorney general needs a strong background with issues like that. But I think I'm also pro-business, and my record reflects that.''
Still early in the legislative session, few issues have reached the Senate floor for public debate. Stolle's and Earley's bills promise to touch off more contention than most. And so far, the two men are being cordial with each other.
``I . . . don't consider Mark a serious candidate for attorney general right now,'' Stolle said. ``Not with the money he's raised and the level of support he has around the state.''
Said Earley: ``I think Ken is a one-issue legislator. I don't say that in a negative way; some legislators choose to focus their efforts more narrowly than others. But you can't be a one-issue attorney general.''
But the combatants' disposition on the Senate floor is no nastier than that. Yet.
The GOP candidate for attorney general will be selected June 10 in a statewide primary. Northern Virginia attorney Gil Davis and former Allen administration public safety secretary Jerry Kilgore are also seeking the nomination.
``I would think it would be hard to work side-by-side the way they do knowing they'll have this intense, personal face-off as soon as the session is over,'' said Lt. Gov. Donald S. Beyer Jr., a Democrat who is president of the Senate and a candidate for governor.
``Politics is personal - especially inter-party politics. I think everyone is waiting to see when the fireworks will start.'' ILLUSTRATION: Graphics with color photos
GOP CANDIDATES FOR ATTORNEY GENERAL
The Republican nominee will be selected June 10 in a statewide
primary. Two of the candidates, at right, represent Hampton Roads in
the Virginia Senate.
GIL DAVIS
Northern Virginia attorney
Representing Paula Jones in her lawsuit against President Clinton
JERRY KILGORE
former Allen administration public safety secretary
MARK L. EARLEY
R-Chesapeake
14th District
Member of Senate: 1988-
Home office: 757-482-8640 FAX 757-622-7295
Legislative office: 804-786-6694 Room No. 315
Legislation Earley is Proposing this Year
Assisted Suicide: Would strip the medical license from any doctor
who assists in a person's suicide, and would give family members
power to seek damages in court.
Parental Notification: Would prohibit doctors from performing
abortions on minors without consent from their parents.
Feticide: Would make the willful, deliberate, premeditated
killing of an unborn, viable fetus the equivalent to murder.
Partial-birth abortions: Would ban a certain type of abortion in
which the fetus is partially delivered. Modeled after a federal law
vetoed last year by Bill Clinton.
Jail for Drunk Drivers: Would impose automatic jail sentences for
drunk drivers. People with a blood/alcohol content of .25 or higher
would automatically serve 10 days in jail, for instance.
Little League Immunity: Would make coaches, umpires, organizers
and others associated with little league sports immune from the
liability for injuries players receive during normal activities.
No Horse Racing: Overturns the state law authorizing parimutuel
gambling, prohibits satellite or ``off-track'' wagering and
abolishes the Virginia Racing Commission.
KENNETH W. STOLLE
R-Va. Beach
8th District
Member of Senate: 1992-
Home office: 757/427-1650 FAX 757-427-0990
Legislative office: 804/786-6696 Room
Legislation Stolle is proposing this year
Money Laundering: Creates a comprehensive money laundering
statute. Would make it a crime - punishable by up to 40 years in
prison - to enter into a financial transaction to conceal the source
of money, avoid reporting it or knowing that it came from illegal
activities.
Drug Rehabilitation: Would require that all drug offenders
undergo an assessment to determine if they need substance abuse
counseling. Also would allow the more-lenient ``first offender''
punishment to be extended only to misdemeanors.
Judicial Inquiry and Review: Would make reports of the state
Judicial Inquiry and Review Commission, which investigates
complaints about judges, open to the public.
Death Penalty for Drug Kingpins: Would add murder associated with
a continuing, criminal drug enterprise to the list of crimes
punishable by death.
Joint Trials: Requires a joint criminal trial for multiple
defendants charged with conspiracy or other crimes that were all
part of one criminal act.
Teacher Immunity: Would hold public school teachers immune from
civil damages for injuries students incur while the teachers are
performing their jobs in good faith.
Horse Racing: Would reiterate that unless the Colonial Downs
horse racing track in New Kent County is completed by July 1, the
company may not operate off-track betting parlors in Virginia.
NAME RECOGNITION
None of the GOP candidates has high statewide name recognition:
Percent who had heard of...
Davis32 percent
Earley32 percent
Stolle30 percent
Kilgore24 percent
Poll conducted Jan. 14 to 16 by Mason-Dixon Political/Media
Research of Columbia, Md. Margin of error plus or minus 3.5
percentage points.
KEYWORDS: VIRGINIA ATTORNEY GENERAL RACE CANDIDATE