Wisconsin’s chief legislative clerks announced late Tuesday they will release the names of caucus staff members who sought state-funded legal advice.
Senate Chief Clerk Don Schneider and Assembly Assistant Chief Clerk Pat Fuller said they will release the names Friday after five months of legal battles. The clerks, who were ordered earlier this week by a Dane County judge to release the names, have withdrawn the motion they said would have protected state employees who sought legal advice.
An investigation into allegations that legislative caucus employees performed partisan campaign activities at taxpayer’s expense began last fall.
Caucuses were abolished following an agreement with the state Ethics and Elections boards.
Late week Dane County circuit judge Sarah O’Brien ordered the Assembly and Senate chief clerks to release the legal bills of legislators and their aides.
“The public has a strong interest in knowing how its money is being spent, in learning how many state employees are having their attorney’s bills paid, what types of employees have taken advantage of this offer, and whether this is an appropriate or inappropriate use of public funds,” O’Brien wrote in her decision.
The boards recently completed an investigation into the matter while the Dane County and Milwaukee County district attorneys continue their own investigations.
Jay Heck, executive director of Common Cause of Wisconsin, said the clerk’s decision not to appeal is a victory for taxpayers of the state.
“Wiser heads have prevailed here, at least for the moment and the reversal of an earlier decision to appeal was the correct one,” Heck said. “The ability of citizens to know to who and for what purpose more than half a million dollars of their tax funds has been spent will assist them in making a clearer determination if this is a proper, or even legal use of their hard-earned money. We believe that, in the final analysis, citizens will not support these payments and that the court will determine that such payments are unconstitutional.”
Randy Romanski, spokesman for Attorney General Jim Doyle, said Doyle would make sure taxpayers find out who is responsible for the large bill.
“[The clerks] have attempted to block the release of those names and Attorney General Doyle says those are public records and now a judge has agreed,” Romanski said. “The Attorney General has sent letters to both clerks reminding them to comply with the law.”
Romanski said the legal bills could have been submitted through a special government system.
“The [state government] proactively approved paying these legal fees, which is unheard of,” he said.
Gordon Baldwin, UW-Madison professor of law, said the matter was more about ethics than legality.
“The Legislature went through the usual process,” Baldwin said. “The attorney general thinks it was illegal, but I don’t. Unless there is something in the constitution that forbade them from doing it, it’s legal. It wasn’t wise, but it wasn’t illegal.”
