BOSTON — A state Supreme Court justice has rejected Auditor Diana DiZoglio’s request to hire an outside attorney to sue legislative leaders, in the latest legal blow to the Methuen Democrat’s efforts to conduct a voter-approved audit.
DiZoglio had asked the court for permission to appoint a special assistant attorney general to represent her office in a lawsuit she filed to force legislative leaders to comply with the audit, with attorney general Andrea Campbell opting to represent legislative leaders in court fights. She also requested more time to respond to a motion filed by Campbell asking the judge to dismiss the case.
“However, the State Auditor cites no statute, constitutional provision, or other authority that would permit a single justice of the Supreme Judicial Court to appoint a SAAG,” Justice Dalila Wendlandt wrote in a two-page ruling, issued late Tuesday. “Moreover, the State Auditor has not shown good cause for an extension.”
The judge gave DiZoglio until Thursday to file her legal objections to Campbell’s motion to dismiss the lawsuit.
DiZoglio filed a lawsuit last month asking a single justice to compel House Speaker Ron Mariano and Senate President Karen Spilka to “comply with their statutory obligation” by opening up their books for her office’s review.
But in a motion to dismiss the case, Campbell said DiZoglio filed the lawsuit “without authorization from the attorney general, and by an attorney not designated to act as a special assistant attorney general.”
Campbell said the AG’s office is the “gatekeeper empowered to determine when, if ever, the commonwealth’s intra-governmental legal disputes require judicial resolution.
DiZoglio has accused Campbell of creating a conflict of interest for herself by choosing to represent legislative leaders against her office in court.
“We are being blocked from the courts by a hostile attorney general whose office is fighting against us, quite literally, on behalf of the speaker and Senate president,” DiZoglio said in a statement.
“They are defying the will of the voters.”
The auditor’s lawsuit is the latest legal challenge over the outcome of Question 1, which authorized her office to conduct an audit of the state Legislature.
The referendum was approved in the 2024 election by nearly 72% of voters, according to official results.
Lawyers for Mariano and Spilka have continued to push against the voter-approved law, repeating claims that the audit would violate separation of powers doctrine.
Several Republicans, including former state lawmakers and GOP chairman Jim Lyons, have also filed lawsuits asking the courts to force legislative leaders to comply with the voter approved referendum.
Christian M. Wade covers the Massachusetts Statehouse for North of Boston Media Group’s newspapers and websites. Email him at cwade@cnhinews.com.