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Tom and Janet's Excellent AG Venture

Tom McGovern and Janet Napolitano are running close in a cordial race for attorney general. But somebody has to win.

McGovern goes on to describe some of the tools the AG has, such as racketeering laws, to fight gangs. Bottom line: Napolitano and McGovern both believe gang violence should not be tolerated. Both believe in education and strict enforcement of the law. But their delivery couldn't be more different.

Along with gang prevention, the candidates both agree that adult-only communities are appropriate if laws regulating them are followed; both dislike the Constitutional Defense Council; both say they'll increase the flow of information from the AG's Office to the media; both will pursue anti-tobacco litigation; both vow to improve relations with the Legislature and the Governor's Office.

One sticking point has been in the area of Child Protective Services, where Napolitano says she would work to get the kinks out of CPS' new computer system and to find money in other parts of the AG's Office to devote to child-abuse cases. McGovern says he would hire outside counsel to represent CPS, using the AG's money to represent children solely.

Philosophically, McGovern and Napolitano don't disagree. Both would make it a priority to represent CPS' child charges. But McGovern doesn't make it clear why the children and the agency shouldn't both be represented directly by the AG.

There are two notable exceptions to the issues love fest: abortion and qualifications for holding office.

Abortion is a flash point in many political debates, and it often doesn't belong there at all. In this case, there's some good reason for voters to know that Napolitano is pro-choice and McGovern pro-life, because of two recent cases involving the AG's Office.

McGovern defended both the late-term-abortion ban and parental-consent laws passed in recent years by the Arizona Legislature. Both were declared unconstitutional by federal district judges and are now on appeal.

Napolitano agrees with the courts that both are unconstitutional, and says she would tell the Legislature to rewrite the laws and make them constitutional. She would not pursue an appeal on either.

McGovern disagrees. He believes both are constitutional, and says he would pursue appeals.

The most significant area where the candidates differ is in the realm of experience.

McGovern served in private practice for many years before leaving to work for Grant Woods for one year. In that year, as Woods' third in charge, he handled a number of important cases, mainly civil. He says he got the inside experience he needs to know how to best run that office. Napolitano, too, worked as a private attorney for many years, before her four years as U.S. attorney. She says being in charge is much different than being number three--as McGovern was--and stresses her resulting management experience. McGovern criticizes Napolitano for harping on her criminal experience, since about 70 percent of the AG's work is civil.

Napolitano's response? "That's what the voters are voting on. Criminal."

As you read this, it is already impossible to channel-surf without hitting campaign ad after ad. Short on cash after the GOP primary, McGovern has been forced to wait until now to bombard the airwaves.

The McGovern ads went up last weekend. They're "super feel good," as one McGovern staffer puts it--showing McGovern as protector of seniors, women and families. And, of course, the spots include shots of McGovern playing with his daughter Elizabeth.

McGovern and Co. say they have no intention of going negative, but two weeks is an eternity in a campaign, and anything can happen. With the candidates running side by side in the polls, it's hard to imagine that November 3 will come with no mention of the kiddie-porn case or Anita Hill or Janet Napoli-Reno. But it could happen.

Then again, by the time you read this, the race may already be over. It's been estimated that a third of Arizona voters would vote early this year, and Napolitano was all over TV in early October with a commercial geared specifically to the early voter.

At this point, no one's looking back. Both candidates are still working the phones and pressing the flesh, trying to raise more money for more ads. As of press time, Napolitano has about $150,000 on hand, and that's after a six-figure media buy, her staff says. McGovern raised close to $200,000 at a fund rasier last week, and has called on everyone from former veep Dan Quayle to Joe Arpaio to scrape up cash on his own behalf.

McGovern inched ahead six points in a poll released Friday by the Behavior Research Center; on Sunday, Napolitano picked up the Arizona Republic's endorsement. Tuesday, new figures from a KAET/Arizona State University journalism school poll put Napolitano up 11 points.

In a political season full of foregone conclusions and preoccupation with Bill Clinton's libido, as this story closes, the attorney-general race remains a high-minded contest and a reason to show up at the polls.

Contact Amy Silverman at 229-8443 or her online address: asilverman@newtimes.com

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