Editing Jerry Brown (section)

==Attorney General of California (2007–2011)==
{{main|2006 California Attorney General election}}
[[File:JerryBrownByPhilKonstantin.jpg|150px|left|thumb|Brown in 2009]]
In 2004, Brown expressed interest to be a candidate for the Democratic nomination for [[Attorney General of California]] in the 2006 election, and in May 2004, he formally filed to run. He defeated his Democratic primary opponent, Los Angeles city attorney [[Rocky Delgadillo]], 63% to 37%. In the general election, Brown defeated Republican state senator [[Charles Poochigian]] 56.3% to 38.2%, one of the largest margins of victory in any statewide California race.<ref name="McPherson-sov">{{cite web|last=McPherson|first=Bruce |author-link=Bruce McPherson|url=http://www.ss.ca.gov/elections/sov/2006_general/complete_sov.pdf|title="Statement of Vote", 2006|work=Elections & Voter Information|publisher=California Secretary of State's Office|access-date=June 12, 2007|url-status=dead|archive-url=https://web.archive.org/web/20070107113900/http://www.ss.ca.gov/elections/sov/2006_general/complete_sov.pdf|archive-date=January 7, 2007|df=mdy-all}}</ref> In the final weeks leading up to Election Day, Brown's eligibility to run for attorney general was challenged in what Brown called a "political stunt by a Republican office seeker" ([[Contra Costa County]] Republican Central Committee chairman and state GOP vice-chair candidate Tom Del Beccaro). Plaintiffs claimed Brown did not meet eligibility according to California Government Code §12503, "No person shall be eligible to the office of Attorney General unless he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election or appointment to such office." Some legal analysts called the lawsuit frivolous because Brown was admitted to practice law in the State of California on June 14, 1965, and had been so admitted to practice ever since. Although ineligible to practice law because of his voluntary inactive status in the [[State Bar of California]] from January 1, 1997, to May 1, 2003, he was nevertheless still admitted to practice. Because of this distinction the case was eventually thrown out.<ref name="metnews-ed">{{cite news|url=http://www.metnews.com/articles/2006/editorial102006.htm|title=Editorial: GOP Volunteers Disgrace Party by Opposition to Kennard, Suit Against Brown|work=[[Metropolitan News-Enterprise]]|page=6|date=October 23, 2006|access-date=June 12, 2007}}</ref><ref name="Richman">{{cite news|first=Josh|last=Richman|url=http://www.insidebayarea.com/search/ci_5201111|title=Judge dismisses suit against Brown|work=Oakland Tribune|date=February 10, 2007|access-date=June 12, 2007}}</ref>

=== Death penalty ===

As attorney general, Brown represented the state in fighting death-penalty appeals and stated that he would follow the law, regardless of his personal beliefs against [[capital punishment]]. Capital punishment by [[lethal injection]] was halted in California by federal judge [[Jeremy D. Fogel]] until new facilities and procedures were put into place.<ref name="LATimes-20100922-ticking">{{cite news|last=Williams|first=Carol J.|url=https://www.latimes.com/archives/la-xpm-2010-sep-22-la-me-lethal-injection-chamber-20100922-story.html|title=Clock is ticking on first execution at San Quentin's revamped death chamber|newspaper=[[Los Angeles Times]]|access-date=September 26, 2010|date=September 22, 2010}}</ref> Brown moved to resume capital punishment in 2010 with the execution of [[Albert Greenwood Brown]] after the lifting of a statewide [[moratorium (law)|moratorium]] by a California court.<ref name="CBS-20100922-resume">{{cite news|url=https://www.cbs8.com/article/news/brown-wants-executions-to-resume-in-california/509-020a587a-ac65-415d-b98f-2e73b3bcc440 |title=Brown Wants Executions To Resume In California|work=[[CBS News]]|agency=Associated Press|access-date=September 27, 2010|date=September 22, 2010 }}{{cbignore|bot=medic}}</ref> Brown's Democratic campaign, which pledged to "enforce the laws" of California, denied any connection between the case and the gubernatorial election. Prosecutor [[Rod Pacheco]], who supported Republican opponent Meg Whitman, said that it would be unfair to accuse Brown of using the execution for political gain as they never discussed the case.<ref name="Time-20100925-questioned">{{cite news|last=Elias|first=Paul|url=http://www.time.com/time/nation/article/0,8599,2021510,00.html|title=Timing of Calif. Execution Questioned|magazine=[[Time (magazine)|Time]]|agency=Associated Press|access-date=September 27, 2010|date=September 25, 2010|url-status=dead|archive-url=https://web.archive.org/web/20100927180545/http://www.time.com/time/nation/article/0,8599,2021510,00.html|archive-date=September 27, 2010|df=mdy-all}}</ref>

=== Mortgage fraud lawsuit ===

In June 2008, Brown filed a fraud lawsuit claiming mortgage lender [[Countrywide Financial]] engaged in "unfair and deceptive" practices to get homeowners to apply for risky mortgages far beyond their means.<ref>{{cite news |url=https://www.chicagotribune.com/business/chi-mortgage_suit_25jun25,0,3774900.story |archive-url=https://web.archive.org/web/20221111010105/https://www.chicagotribune.com/business/chi-mortgage_suit_25jun25,0,3774900.story |url-status=dead |archive-date=November 11, 2022 |title=State's suit to target mortgage lender for unfair practices |work=Chicago Tribune |date=June 25, 2008 |access-date=June 25, 2008 }}</ref><ref>{{cite news |url=https://www.chicagotribune.com/business/sns-ap-countrywide-illinois-lawsuit,0,4219028.story |title=Illinois AG sues Countrywide over lending practices |agency=Associated Press |date=June 25, 2008 |access-date=June 25, 2008 |work=Chicago Tribune |url-status=dead |archive-url=https://web.archive.org/web/20080628162101/http://www.chicagotribune.com/business/sns-ap-countrywide-illinois-lawsuit%2C0%2C4219028.story |archive-date=June 28, 2008 |df=mdy-all}}</ref> Brown accused the lender of breaking the state's laws against [[false advertising]] and unfair business practices. The lawsuit also claimed the defendant misled many consumers by misinforming them about the workings of certain mortgages such as adjustable-rate mortgages, [[interest-only loan]]s, low-documentation loans and home-equity loans while telling borrowers they would be able to [[refinance]] before the interest rate on their loans adjusted.<ref>{{cite news |url=https://money.cnn.com/2008/06/25/real_estate/countrywide_california.ap/index.htm?section=money_latest |title=California sues Countrywide |publisher=CNN Money.com |date=June 25, 2008 |access-date=June 25, 2008}} {{Dead link|date=August 2012|bot=RjwilmsiBot}}</ref> The suit was settled in October 2008 after [[Bank of America]] acquired Countrywide. The settlement involved the modifying of troubled 'predatory loans' up to $8.4 billion.<ref>{{cite web|url=https://www.nbcnews.com/id/wbna27050659 |title=BofA to pay $8 billion over subprime suit |work=NBC News |date=October 6, 2008 |access-date=November 18, 2010}}</ref>

=== Proposition 8 ===

[[California Proposition 8 (2008)|Proposition 8]], a contentious voter-approved amendment to the state constitution that banned [[same-sex marriage]] was upheld in May 2009 by the California Supreme Court.<ref>{{cite news|url=http://www.signonsandiego.com/news/2009/mar/02/ca-gay-marriage-glance-030209/?zIndex=60748|title=Calif. Sup. Ct. arguments on Prop. 8, at a glance|agency=Associated Press|date=March 1, 2009|access-date=August 6, 2010}}</ref><ref>{{cite news |url=http://www.cnn.com/2009/US/05/26/california.same.sex.marriage/index.html|title=California high court upholds same-sex marriage ban|work=CNN|date=May 26, 2009|access-date=May 26, 2009}}</ref> In August 2010, the [[United States District Court for the Northern District of California|U.S. District Court for the Northern District of California]] ruled that Proposition 8 violated the [[Due Process Clause|Due Process]] and the [[Equal Protection]] clauses of the [[Fourteenth Amendment to the United States Constitution]].<ref name=opinion>{{cite web |url=https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf |title=N:\Katharine Van Dusen\Civil\Perry v Schwarzenegger 09-2292\Findings\FF & CL FINAL.wpd |access-date=January 10, 2011 |archive-url=https://web.archive.org/web/20130316191210/https://ecf.cand.uscourts.gov/cand/09cv2292/files/09cv2292-ORDER.pdf |archive-date=March 16, 2013 |url-status=dead |df=mdy-all }}</ref> Brown and then Republican Governor [[Arnold Schwarzenegger]] both declined to appeal the ruling.<ref>{{cite web|last=Willon|first=Phil |url=https://www.latimes.com/archives/la-xpm-2010-oct-06-la-me-attorney-general-20101005-story.html |title=Attorney general candidates offer differing visions of post |work=Los Angeles Times |date=6 October 2010 |access-date=July 14, 2013}}</ref> The state appeals court declined to order the governor or Attorney-General Brown to defend the proposition.<ref>{{cite web|url=http://www.upi.com/Top_News/US/2010/09/03/Court-Calif-need-not-defend-Prop-8/UPI-98841283559390/ |title=Court: Calif. need not defend Prop 8 |work=United Press International |date=September 3, 2010 |access-date=October 13, 2010}}</ref>