Democratic attorney general contest turns negative

Once the friendliest contest around, the Democratic primary race for attorney general is turning negative as the primary nears.

Last week, Dave Aronberg sent out a harsh attack mailer seeking to link Dan Gelber to the Deepwater Horizon oil spill, on the grounds that Gelber formerly worked at the law firm that BP hired to defend itself in Florida, Akerman Senterfitt.

Aronberg says that could prevent Gelber from representing the state against the oil company.

Gelber has responded with a web video blaming Aronberg for turning the race negative, and Gelber also is questioning the depth of Aronberg's legal experience. He may go further - he already has handed out fliers to Democrats hitting Aronberg for lack of legal experience, for backing property insurance legislation opposed by consumer groups and allegedly lapsing on his opposition to expand private school tuition vouchers, a nemesis for Democrats.

The two, both South Florida state Senators, vehemently deny each others' accusations, but they're likely to continue.

"We're going to draw very stark comparisons," said Gelber campaign spokesman Christian Ulvert. "Aronberg has to answer, 'What is your legal experience?' If you can't answer, you shouldn't be running for the state's top legal office."

Aronberg says Gelber started the fuss by referring to Aronberg in interviews as "a junior lawyer."

"I'm going to stick to issues," Aronberg said, calling Gelber's comments a "personal attack."

The two have been allies on most issues, and once it was tough even to get one to utter a negative word about the other.

At a Democratic Party forum in October, they were asked what sets them apart - usually an invitation for candidates to knock each other.

Aronberg's response: "We share a lot of the same views - we're both pro-choice, we're both pro-public schools. ... I'm not here to attack other Democrats."

Gelber's response: "Dave and I are friends, and I believe the next attorney general's going to be a Democrat, and that's the most important thing,"

That was then. This is now, and push is coming to shove, said University of South Florida political scientist Susan MacManus.

"At some point you have to contrast yourself with your opponent that's the stage we're in now. The closer you get to Election Day, the more contrasting goes on." Primary day is Aug. 24, but early voting begins Aug. 9.

The first high-profile sign of the change was Aronberg's BP attack.

Starting in 2009, Gelber was "of counsel" at Akerman Senterfitt, meaning he chose his own clients and wasn't guaranteed a share of the profits from partners' work for other clients, he said.

BP hired Akerman Senterfitt, one of the state's largest law firms, in May.

Gelber said he immediately submitted his resignation because work for the firm could be cited as a conflict of interest if he eventually represented the state against the oil company. He said he never discussed BP with anyone in the firm and wasn't involved in the firm's decision to work for the oil company.

He didn't leave immediately or announce his resignation publicly until July, he said, because legal ethics required him to notify his clients and help them find other lawyers.

Nonetheless, Aronberg contends Gelber could have a conflict as attorney general and has accused him of stalling his resignation.

"It was a very well-paid job and he didn't want to leave," Aronberg said.

Aronberg's mailer has a photo of an exploding oil rig and an oil-covered sea bird on the front, along with the words, "When disaster strikes, we need an attorney general who will defend Florida, not BP."

Gelber's web video suggests Aronberg is "slinging mud to cover up for his lack of courtroom experience."

Said Ulvert, "He's never never tried a case before a jury."

Aronberg said he has done courtroom criminal prosecution, but not, he acknowledged, jury trials.

He began practicing law from 1996 to '99, then spent about three years as an assistant state attorney general and as a White House Fellow working in the Treasury Department. He has been in the Legislature and private legal practice since 2003.

Gelber was a federal prosecutor in Miami for 10 years, counsel and staff director for the Senate Subcommittee on Investigations for two years and has been in the state Legislature and private legal practice for 10 years.

He has supervised hundreds of lawyers and prosecuted public corruption, gang and drug crimes, as well as investigating terrorism.

Gelber's campaign also says Aronberg has voted to expand school vouchers and has voted against consumer interests on property insurance and other legislation.

Aronberg called those charges "misleading, twisting my record."

"I have never voted for creating or expanding any voucher program," he said.

In fact, he voted for a bill in 2003 that expanded from $50 million to $88 million a program diverting corporate tax revenue to vouchers.

But Aronberg said that provision was included in a bill implementing the constitutional amendment limiting public school class sizes, a major Democratic cause. He said he and other Democrats tried unsuccessfully to eliminate the voucher provision before voting for the bill.

Gelber, then in the House, voted no; the bill passed.

"I could accuse him of opposing class-size limits," Aronberg said.

The 2009 property insurance bill, vetoed by Gov. Charlie Crist, would have allowed large insurance companies to offer policies at unregulated rates to customers who wanted them. Aronberg said it would have offered some customers an alternative to state-sponsored Citizens Property Insurance.