![\"\"](\"http:\/\/sites.law.duq.edu\/juris\/wp-content\/uploads\/2020\/11\/Picture1-1.png\")
<\/p>\n<\/p>\n
Photo provided courtesy of Heather Heidelbaugh. <\/em><\/p>\n By: David McPeak<\/p>\n As the Presidential election barrels toward the finish line, and with few statewide races in Pennsylvania, the contest for Attorney General (\u201cAG\u201d) is taking center stage. Local \u201cSuper Lawyer\u201d Heather Heidelbaugh of Mt. Lebanon is running a competitive race. [1] <\/sup> <\/a><\/p>\n In July, I interviewed Heidelbaugh for the Duquesne Juris Blog<\/em> to find out how she would run the Office of Attorney General (\u201cOAG\u201d) as the state\u2019s top lawyer. Admittedly, I was slightly nervous to interview a pillar of the Pittsburgh legal community, but those nerves dissipated quickly as Heidelbaugh began peppering our conversation with questions about my background and what brought me to Duquesne Law. It\u2019s evident that her success as a trial lawyer can, at least in part, be attributed to her ability to connect with people and elicit detailed information. Within 10 minutes, Heidelbaugh likely knew more about me than some people I\u2019ve known for years.<\/p>\n Heidelbaugh grew up in Missouri where her mother supported the family as secretary after her father left when she was eight. After working her way through college and law school, she moved to Pittsburgh and built a distinguished legal career [2] <\/sup> <\/a> as a trial lawyer when opportunities for female attorneys were few and far between. Along the way, she managed to raise two kids and dealt with the painful loss of her ex-husband to alcoholism\u2014an experience she discusses candidly.<\/p>\n \u201cI love our country; I deeply love our country\u201d says Heidelbaugh of why she is running. \u201cI have so much gratitude for what has been given to me by this country, and if the people want me to, I will serve.\u201d It\u2019s evident Heidelbaugh\u2019s gratitude is incident of the ability to be the architect of one\u2019s own future. That choice to focus on creating opportunity rather than falling victim to life\u2019s limitations also informs Heidelbaugh\u2019s conservative principles.<\/p>\n In 1980, the state AG became an elected position, of which the duties are spelled out in the Commonwealth Attorneys Act [3] <\/sup> <\/a> \u201cThe authority of the AG springs from the original jurisdiction component of that act; they are bound to that,\u201d says Heidelbaugh, while demonstrating her command of the statutory framework governing the AG\u2019s role.<\/p>\n \u201cA large part of the job is defending laws duly passed by the people\u2019s representatives.\u201d Heidelbaugh, who has tried 65 cases in Federal, State and County court argues that she is well suited to carry out those duties. With over 800 employees to manage, Heidelbaugh points out that the AG has to delegate a lot of work. She argues that the chief law enforcement officer of the state needs a solid background in legal practice rather than politics.<\/p>\n \u201cI\u2019ve practiced law every day for 36 years, I think you can manage better with deep experience. I\u2019m not sure how you manage if you don\u2019t understand the law.\u201d<\/p>\n As an elected official, the AG\u2019s political leanings necessarily factor into the job. For Republicans, this inherently requires a respect for the rule of law, separation of governmental powers, and a focus on individual liberty. \u201cAs a conservative, I believe in limited government.\u201d Heidelbaugh describes her conservative approach in terms of staying within the four corners of the Commonwealth Attorneys Act. \u201cThe Attorney General does what they are supposed to do, the Governor and Legislature do what they are supposed to do.\u201d<\/p>\n Heidelbaugh says she will run a \u201ctraditional AG office,\u201d and will take an oath to do the job as delineated in the Act. She concedes that this will likely require her to argue the constitutionality of laws she disagree with\u2014but points out that the AG is supposed to be the lawyer for the people, who are entitled to a vigorous defense. \u00a0\u201cThis should not be aggrandizement of power, or an ego trip, it should be the exact opposite. The AG should be humble because people have entrusted you with their funds to represent them.\u201d<\/p>\n That\u2019s not to say that Heidelbaugh doesn\u2019t plan to wield influence. \u201cThe office comes with a bully pulpit.\u201d She sees the country as being in the midst of a mental health and addiction crisis, and that both are inexorably linked to discussions of police reform. \u201cThese issues are extremely complex\u2026you can\u2019t just defund the police.\u201d Her grasp of these issues is rooted in the loss of her husband of 22 years to alcoholism seven years after they divorced. \u201cYou can\u2019t send a social worker to confront a violent, mentally ill, 6\u20192\u201d, 220lb raging alcoholic.\u201d<\/p>\n She thinks there are solutions to be found if all the various institutions serving people in crisis were brought together. \u201cPeople in crisis touch on every institution\u2014hospitals, insurance companies, criminal justice, etc.\u201d Heidelbaugh envisions using the bully pulpit to organize a sort of \u201cblue ribbon\u201d commission to reimagine solutions to failed policies.<\/p>\n \u201cAs the fifth largest state, we could assemble a group of the Commonwealth\u2019s best and brightest minds in medicine, education, and law enforcement\u2014get these people in a room with the directive to discuss what works, what doesn\u2019t work, and what issues frustrate the process to prevent good outcomes.\u201d<\/p>\n For example, Heidelbaugh thinks law enforcement, social workers, and family members are often hindered from adequately dealing with individuals who may need to be \u201c302\u2019d\u201d [4] <\/sup> <\/a> because they are a danger to themselves or others. She believes that sometimes people fear taking that necessary step because of the long-term ramifications to that individual\u2019s freedom. Heidelbaugh contends there is a need for a better mechanism that doesn\u2019t carry lifelong stigma [5] <\/sup> <\/a>.<\/p>\n \u201cThese people touch on every institution\u2014hospitals, insurance companies, criminal justice, etc,. Let\u2019s put some ideas together and submit them to the Legislature and Governor to act on. I don\u2019t know of any executive level government official who has convened them all to take a three-sixty view. Maybe they wouldn\u2019t come up with anything\u2014but I don\u2019t think that would happen.\u201d<\/p>\n I asked Heidelbaugh if she ever catches flack for her conservative views. \u201cI\u2019ve experienced the conservative thing all my life, a lot of lawyers are democrats.\u201d She recalls the left side of the spectrum being very vocal in college, and admits that she didn\u2019t always feel free to speak out, but on the whole has always tried to give her point of view.<\/p>\n For nine years, Heidelbaugh appeared regularly on a political talk show hosted by WQED where she contributed a conservative viewpoint. \u201cMy conservative friends would always ask, \u2018why do you go on that show? Only lefty\u2019s watch that show, you can\u2019t make any headway\u2019 and I always said \u2018because if I fail to speak as a conservative, then that viewpoint will never be heard.\u2019\u201d<\/p>\n She says the best compliment she ever got came from a liberal viewer of that show\u2014who told her she changed her mind on a particular issue because of an argument Heidelbaugh made during an appearance. \u201cSo, I\u2019m willing to accept the flames and arrows because both sides are important for democracy\u2026the worst thing for society is intolerance of thought.\u201d<\/p>\n [1]<\/a> John Obrien, Close Race for Pa. Attorney as 5% Undecided<\/u>. Legal Newsline. September 25, 2020. https:\/\/legalnewsline.com\/stories\/555438225-close-race-for-pa-attorney-general-as-5-undecided<\/p>\n [2]<\/a> Heather S. Heidelbaugh, Partner at Leetch Tishman Fuscaldo & Lampl. https:\/\/www.leechtishman.com\/wp-content\/uploads\/2018\/07\/Heidelbaugh_Heather.pdf<\/p>\n [3]<\/a> 71 Pa. Stat. Ann. \u00a7 732-201 (West)<\/p>\n