Weeks after the Wisconsin Legislative Caucus system was abolished, Wisconsin taxpayers are being forced to pay the $87,971 legal tab for state employees accused of engaging in illegal campaign activities.
Dane County District Attorney Brian Blanchard, along with the Milwaukee County district office, is currently conducting a criminal investigation over several state employees who are alleged to have violated state campaign laws.
As of Monday, legal bills from the State Assembly totaled $87,971, while the total amount being charged by all four legislative caucuses was over $122,000. The Assembly has already paid over $42,000 in legal bills.
Senate Chief Clerk Donald Schneider said that as of Wednesday night, legal fees for the senate totaled $45,652.
Some private law firms tried to charge the state as much as $275 per hour for services rendered.
On Tuesday, however, Assembly Chief Clerk John Scocos told those law firms they could charge the state no more than $150 an hour.
While many of the caucus workers have already signed contracts with the law firms, Scocos told the Milwaukee Journal Sentinel that he would rather be sued by those lawyers for breach of contract than pay more than $150 an hour.
Schneider said the Senate has not been charged more than $200 an hour, which he said is a reasonable fee.
“Although it is at the higher end, it is a standard rate in the Dane County area,” Schneider said. “$200 an hour appeared to be relatively common.”
Schneider said because the issue is over state employees being paid during work hours, it is acceptable for those employees to receive legal aid using public funds.
Don Dyke, chief attorney for the Wisconsin Legislative Council, issued a decision sanctioning the use of taxpayer funds for legal fees.
Assistant Attorney General Matthew Frank had previously issued a legal opinion in which he said such practices were illegal.
Jay Heck, director of the Common Cause in Wisconsin, said the practice would only be legal when reimbursing a state employee who was found innocent.
He said legislators are allowing employees to use public funds in order to protect their own careers.
“Legislative leaders wanted to do this so the employees themselves wouldn’t point the finger up the food chain,” he said.
Heck said it seems unfair that, though the state has a massive budget deficit and such public institutions as the UW System experience tuition increases, government officials continue to use taxpayer funds for legal services.
“The Legislature is setting itself above and aside from the people it represents,” Heck said. “The average citizen would never be able to even think about [hiring such lawyers], and they add insult to injury by using taxpayer funds.”
Heck also said that, because it was discovered Wednesday that two of the lawyers involved were actually political lobbyists, there could be future investigations.
“This is conceivably a further violation,” Heck said. “The problem seems to almost get worse every day.”
On Oct. 11, an agreement was reached between the State Ethics and State Elections Board eliminating the caucus system. Furthermore, legislative employees must sign weekly statements that they have not engaged in campaign activities while on state time.
Roth Judd, director of the Ethics Board, said eliminating the caucus system will not only provide greater accountability but will also be financially beneficial.
“We found that eliminating the caucuses will save taxpayers $3 million a year,” Judd said.
Judd said as part of the deal, each of the four legislative caucuses must pay a $75,000 fine, although most of that would be eliminated if the state legislature does not violate the agreement before 2007.
However, Heck said they are still concerned that former caucus positions are being transferred over to the Senate, which he said could eventually become a “shadow caucus.”
