SJC justice rejects DiZoglio’s bid for representation in legislative audit case

In another setback to Auditor Diana DiZoglio‘s bid to audit the Legislature, a Supreme Judicial Court justice on March 3 denied her motion to appoint a special assistant attorney general to represent her in court.

“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 Argaez Wendlandt wrote in a two-page ruling.

AG Andrea J. Campbell has chosen to represent House Speaker Ron Mariano and Senate President Karen Spilka in the case, resisting calls from DiZoglio to challenge their refusal to be audited by DiZoglio’s office.

“It’s incredibly disappointing that Judge Wendlandt believes access to justice is not for all — and is just for the AG,” DiZoglio told State House News Service on March 3.

A 2024 law approved by Massachusetts voters authorizes the state auditor to audit the “accounts, programs, activities and functions” of the House and Senate. Lawmakers have said that law breaks from constitutionally required separation of powers, but that assertion is not being tested in the courts, leading to a standstill.

Campbell has moved to strike DiZoglio’s complaint on the grounds that the AG “is the only official authorized to commence litigation on behalf of a State agency or official,” according to Wendlandt’s ruling.

In addition to petitioning to be represented by a SAAG, DiZoglio also sought more time to file in opposition to Campbell’s motion to strike.

Wendlandt said the auditor “has not shown good cause for an extension” and that her opposition to the motion to strike remains due on March 5 at 4 p.m.

DiZoglio claimed that case law was on her side, as well as former SJC Justice Robert Cordy.

“Oh, the difference a judge can make,” DiZoglio said. “Our position is legally sound, however, the court deck is stacked against the people right now. We will still be filing our opposition to the AG’s motion by the deadline.”

DiZoglio said voting for a proposed voter law on public records this November “may be our only hope to ever get access to Beacon Hill’s closed door operations” but legislators and others raised constitutional concerns with that proposal during a public hearing on the initiative petition (H. 5004) at the State House on March 3.