Wisconsin Legislature Faces Lawsuit Over Use of Private Lawyers
By Editorial Team
A progressive law firm, Law Forward, has filed a lawsuit against the Wisconsin State Legislature for utilizing public funds to hire private lawyers. The complaint, lodged in Dane County, alleges that since 2019, the Legislature has spent millions of taxpayer dollars on legal cases with partisan motives.
The lawsuit contends that the state Department of Justice is tasked with providing legal services to the government, making the use of private lawyers by the Legislature a violation of its obligation to spend public funds on public interests. It also argues that employing private attorneys infringes on the separation of powers by bypassing the DOJ for legal representation.
According to the complaint, the Legislature has been extravagant in cases where it has joined lawsuits involving the state DOJ to advance individual legislative interests. Law Forward’s President and General Counsel, Jeff Mandell, stated that the lawsuit challenges the misuse of taxpayer funds by the Republican-controlled Legislature on private legal counsel, contrary to the Wisconsin Constitution’s public purpose doctrine.
The lawsuit names both Republican and Democratic legislators as plaintiffs, highlighting instances where public funds were used to pursue private, partisan, or political interests. It points out that the Legislature spent over $26 million on private lawyers since 2019, including cases with no legitimate public purpose.
One example cited in the lawsuit is the state Senate’s lawsuit against the city of Green Bay over privacy rights violations. The complaint notes that legal fees were continued even after the Senate was dismissed as a plaintiff, indicating no institutional interest in the case.
Another case highlighted in the lawsuit involves the approximately $1.5 million spent on private lawyers during former Supreme Court Justice Michael Gableman’s investigation into the 2020 election. The suit alleges that the Legislature’s hiring of private attorneys intensified after laws were passed in 2018, reducing the power of the executive branch.
The announcement of the lawsuit coincided with oral arguments in a Wisconsin Supreme Court case regarding a different legislative law. This case focuses on whether the attorney general requires the Legislature’s approval to pay for attorney fees.
The response from the Legislature’s top GOP leaders defended the use of private lawyers, stating that it ensures a robust defense of Wisconsin’s laws and allows for all viewpoints to be presented vigorously in court.
The legal battle between Law Forward and the Wisconsin Legislature underscores the ongoing debate over the use of public funds for private legal representation and the boundaries of legislative power.
