You be the judge on caucus legal fees
5:49 PM 10/08/02

indentDane County Circuit Judge David T. Flanagan this week rightly dismissed a lawsuit to prevent lawmakers from using public money to pay legal fees for people involved in the Capitol's ongoing campaign scandal.
indentThis particular legislative spending decision is a political issue, not a legal question.
indentThe lawmakers are within their rights - but out of their minds - to spend nearly $600,000 of our tax money on legal fees connected with the long investigation into acccusations of illegal campaign activity by lawmakers and state workers. The Assembly and Senate organization committees approved payment of the attorney fees last fall, and attorneys for Common Cause in Wisconsin wanted the judge to block the payments.
indentLawmakers who have submitted bills include Assembly Speaker Scott Jensen, R-Waukesha; Majority Leader Steve Foti, R-Oconomowoc; Senate Majority Leader Chuck Chvala, D-Madison; Rep. Shirley Krug, D-Milwaukee; and Sen. Brian Burke, D-Milwaukee. Chvala has since repaid the Legislature $10,000; Burke has been charged with 18 felonies; and the Assembly members are up for re-election this fall.
indentFlanagan dismissed the lawsuit Monday, saying the Legislature should be able to reimburse public employees' legal fees if it determines the payments serve a public purpose. Thus the decision to pay public employees' legal fees rests with lawmakers, not judges, Flanagan said.
indentWe agree that, generally, the courts shouldn't be used to second-guess the Legislature's spending decisions - even for such obvious abuses such as the payment of legal fees for an estimated 69 lawmakers and staffers connected with a criminal investigation.
indentInstead, we'll all be the judge - on future election days.
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