SJC Grants Full Bench Review in Auditor’s Fight for Independent Counsel to Enforce Audit Law

The Massachusetts Fiscal Alliance today responded to the decision to grant the full bench of the Massachusetts Supreme Judicial Court review of State Auditor Diana DiZoglio’s legal petition to obtain independent legal representation to enforce the voter-approved legislative audit law.

The case does not address the merits of the proposed legislative audit itself but instead focuses on whether the Auditor can secure counsel to pursue her responsibilities independently after the Attorney General declined to represent her office and instead represented the Speaker and Senate President.

“This is a clear and meaningful step forward. Speaker Ron Mariano, Senate President Karen Spilka, and Attorney General Andrea Campbell have thrown up as many roadblocks as possible in an attempt to derail the will of the voters. By taking up this case, the full bench of the SJC is beginning the process of determining if the Auditor can have counsel after the Attorney General publicly made the decision to represent the Speaker and Senate President,” said Paul Diego Craney, Executive Director of the Massachusetts Fiscal Alliance.

“The decision by the single justice to bring this case before the full court is an excellent development for the Auditor and the 72% of voters who supported a legislative audit. This is such a rare and unique legal case that the wisdom of the full court is necessary. We hope the court also considers reviewing the underlying constitutional issues at the core of the audit dispute while it has this case before it,” said Craney.

“Voters have made it clear they want greater transparency and accountability on Beacon Hill. Today’s development brings us one step closer to ensuring that no part of state government is shielded from scrutiny. The Attorney General’s decision to pick a side and attempt to keep the Auditor out of court entirely was deeply troubling. We hope the Supreme Judicial Court sees the wisdom in giving the auditor the legal right to representation she needs to ensure the will of the voters is abided by,” said Craney.


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