Gov. Evers to use private attorney
Taxpayers will foot the bill after attorney general says he has conflict in case.
MADISON – Attorney General Josh Kaul has declined to represent Gov. Tony Evers in a suit over lame-duck laws limiting their powers, prompting Evers to spend up to $50,000 of taxpayer money on private attorneys.
The move comes soon after Republican lawmakers approved billing taxpayers for their own private attorneys in the legal fight. They have not said what firm they plan to use.
The Democratic governor selected the Madison firm Pines Bach to represent him last week after Kaul told Evers he couldn’t represent him because of a conflict of interest.
Pines Bach senior partner Lester Pines often represented the state when Democrat Jim Doyle was governor, and in recent years has led legal challenges to laws approved by Republicans.
Pines and his colleagues will be paid $275 an hour, according to a copy of the contract released Monday under the state’s open records law. The cost is capped at $50,000.
Kaul sent Evers a letter Jan. 18 telling him he would not represent him because one of the lame-duck laws in question curbed the power of Kaul’s Department of Justice.
“DOJ has a direct and substantial interest in this case that is in conflict with the defense of this case,” the Democratic attorney general wrote.
The legal battle springs from the lame-duck laws Republicans passed in December — after Evers and Kaul won their elections but before they were seated.
The League of Women Voters of Wisconsin, Disability Rights Wisconsin and Black Leaders Organizing for Communities this month filed suit in Dane County arguing the laws were improperly passed.
Legislators called what’s known as an extraordinary session to pass the laws at a time when they weren’t otherwise scheduled to be on the floor. They’ve used extraordinary sessions for decades, but the groups argue such sessions are not allowed because there’s no specific reference to them in state law or the state constitution.
Nonpartisan attorneys who work for the Legislature say the sessions are valid and the laws were passed properly.
Evers and Kaul have decried the lame-duck laws, but Evers has not yet said how he wants to handle the lawsuit.
Pines Bach attorney Tamara Packard said lawyers are analyzing the legal issues and have not settled on an approach yet.
Evers spokeswoman Melissa Baldauff said Pines Bach was hired because of its expertise in matters involving the state constitution.
The suit was also brought against members of the state Elections Commission because one of the lame-duck laws affected voting rules.
Kaul spokeswoman Gillian Drummond didn’t say Monday whether Kaul planned to represent the commission members.
Commission spokesman Reid Magney said the commission has not heard from Kaul on its request for representation.
Top GOP legislators this month approved hiring their own attorneys to help handle the case, but so far lawmakers have not said who they would retain and have not attempted to intervene in the case.
One provision of the lame-duck laws gives legislative entities the automatic right to insert themselves into cases when statutes are challenged in court.
The hiring of private attorneys at taxpayer expense comes as legal costs mount in other cases.
GOP lawmakers recently agreed to pay the Chicago firm Bartlit Beck up to $840,000 to represent them in a lawsuit over legislative maps they drew in 2011. Including previous expenses, those maps and the lawsuits they spawned are on track to cost taxpayers $3.5 million.