Gov. Scott McCallum announced Monday he needs more information before making the decision to direct Attorney General James Doyle to pursue a lawsuit that would stop payment of legal fees for legislators accused of campaign violations.
In a letter to McCallum, Doyle requested permission to pursue the lawsuit.
Doyle said the legal fee payments violated state law and requested McCallum’s immediate attention.
“My office has determined that these payments are contrary to state law,” Doyle said in the letter. “Proper procedures have not been followed. Moreover, I do not believe that state law authorizes the payment of attorneys’ fees under circumstances which involve potential violations of state criminal law.”
Doyle was concerned about the faltering economy and unnecessary spending.
“In this time of fiscal restraint when the state is facing tough choices about possible cuts in important state services, and when the state should be curtailing non-essential state spending, it is simply unfathomable that the legislature would authorize taxpayer dollars to pay for the legal representation in an ongoing criminal investigation,” Doyle wrote to McCallum.
McCallum responded with equal concern for taxpayer dollars.
“I share your concern about taxpayer dollars being expended on legal fees, but I am equally concerned about additional costs that taxpayers may incur on a legal case that has so many differing positions,” McCallum wrote to Doyle.
Senate Chief Clerk Don Schneider, who was authorized to reimburse caucus employees for legal expenses, said separation of powers gives the legislature the power to reimburse legislators for legal fees.
“The legislature has the constitutional authority to make these decisions,” Schneider said. “[The legislature] is not bound to get approval from the executive branch before authorizing payment.”
McCallum responded to Doyle’s letter with questions about the necessity of the lawsuit, including a list of resources Doyle’s office would need in order to proceed, and multiple questions about the legality of the legislatures’ actions. Doyle responded to the letter and offered McCallum a meeting with Assistant Attorney General Matthew J. Frank and members of McCallum’s legal team. McCallum said his questions were still unanswered and therefore did not authorize the continuation of the lawsuit after the meeting Monday.
“They met and have not reached a conclusion to questions from the Attorney General,” McCallum spokesperson Tim Roby said. “It becomes a very complicated legal issue, not based on policy, and at this point [McCallum] doesn’t believe he has enough info from the Attorney General.”
The legal issues surrounding the decision make it complicated for McCallum to effectively evaluate, Roby said. It is a matter of legal intricacies at this point, he said, and it was too early to speculate on the decision McCallum might make.
“That’s in the hands of the legal folks at this point. It is too early to say yes or no; [McCallum] just wants to make an informed decision,” Roby said.
