Gov. Scott McCallum denied a request from Attorney General Jim Doyle to contest the legislature’s hiring and payment of legal fees stemming from the caucus investigation Friday.
After McCallum and Doyle exchanged a series of letters, McCallum said he would not authorize legal action.
In his most recent letter, McCallum said Doyle’s request was politically motivated.
“Regrettably, not responding to my simple questions is confirmation that this matter is a political ploy cloaked in a disingenuous appeal to save taxpayer dollars,” McCallum said in the letter. “I will not be a party to your effort to use a legal case to advance your political agenda.”
Doyle made the request to pursue legal action because he said the payment of the legal fees contradicted state law.
After Doyle’s initial request, McCallum asked a series of questions and said he needed more information before making a decision.
One of the questions dealt with the use of taxpayer dollars for the legal action. Doyle offered a meeting with Assistant Attorney General Matthew Frank to answer any questions the governor posed.
McCallum said his questions were not answered, thus he rejected the letter.
“To date, you have been unwilling to answer the questions outlined in my letter, including whether your lawsuit would result in additional taxpayer dollars being expended for legal representation,” McCallum wrote in a letter to Doyle. “It is clear to me that your request, if granted, will result in additional taxpayer dollars being expended.”
Doyle said Monday he was not surprised McCallum refused to allow pursuit of legal action, but was surprised at the tone of McCallum’s letter.
“I was not surprised at his decision to refuse to allow me to sue,” Doyle said. “His earlier communication and statements had signaled that he was seeking a way to side with the Legislature and allow the illegal payments to continue. I was surprised and disappointed, however, by the tone of his response.”
One of McCallum’s main concerns was the cost of the trial. Doyle said the money will be used to enforce the law, and the costs incurred because of legal fees are being paid by taxpayers.
“Yes, it would cost some money to litigate the matter,” Doyle said. “It costs money every time we enforce the law. The governor seems to be taking the position that, if there is a cost involved, we should not attempt to enforce the law. That is an incomprehensible and indefensible position. Meanwhile, the taxpayers continue to pay attorney fees every day that I believe are illegal.”
McCallum also addressed the issue of a conflict of interest on behalf of the Attorney General.
“Bringing such a suit also raises the possibility that you would be subject to challenges relating to a conflict of interest in your office, as indicated by the Assembly and Senate chief clerks, who have said they will pursue such charges,” McCallum wrote. “While you apparently are not concerned by such a challenge, I will not authorize the expenditure of additional taxpayer dollars to determine whether you have violated any ethical standard applicable to an attorney.”
Doyle said McCallum and those launching the allegations of a conflict of interest in the legislature are incorrect.
“There is no conflict of interest in this case,” Doyle said. “No one except the governor and the chief clerks for the Legislature have ever suggested there is. They have never spelled it out. Insisting that the law is followed does not constitute a conflict.”
