Attorney General Jim Doyle requested authorization to challenge the payment of legal fees in the caucus investigation yesterday.

Doyle, in a letter to Gov. Scott McCallum, said that although his earlier request was denied because of insufficient information, he believes there is sufficient evidence.

“My office has provided your office with background information regarding the legal issues involved in such an undertaking, both in written correspondence and in a personal meeting between my legal staff and your former legal counsel, Chad Taylor,” Doyle said.

Doyle claimed the governor had already made up his mind not to authorize the legal challenge.

“The lawsuit I propose would be brought by attorneys on my staff who would commence the action as part of their ongoing workload. The action would seek a declaratory judgment that the payments to caucus workers violate state statutes,” Doyle said. “My office is staffed by lawyers who have extensive experience in the interpretation and litigation of the meaning of state statutes. These lawyers have concluded that the payments violate state law. There is no reason to simply reject this analysis.”

The legal fees for the caucus investigation have cost more than $700,000.

Under the state constitution, the legal fees of state employees are only to be repaid if the employee is proved innocent. However, the Legislature voted last spring to pay the legal bills of state employees for this investigation, a decision that some lawmakers, like Rep. Spencer Black, D-Madison, have come to regret.

Doyle said, in the letter, that he had asked a year ago for permission to sue but that the denial has “cost Wisconsin taxpayers hundreds of thousands of dollars. The sum is rapidly approaching $1 million, with no end in sight,” he said. “The real cost at issue is the continued payout of illegal fees.”