DiZoglio Flips the Script: Claims AG’s Move to Block Audit Lawsuit Violates Separation of Powers

Constitutional separation of power issues have been central to the dispute over Auditor Diana DiZoglio’s attempt to audit the Legislature, but now the auditor is the one raising concerns about one branch of government intruding upon another.

If Attorney General Andrea Campbell’s motion to strike the lawsuit DiZoglio brought against top Beacon Hill Democrats in February is allowed, it would prevent the judiciary from resolving the stalemate and substitute the judgement of the attorney general, part of the executive branch, a brief that DiZoglio’s office submitted to the Supreme Judicial Court Wednesday night argued. The high court will hear arguments on the motion to strike May 6.

The 81-page document was written by attorney Shannon Liss-Riordan, who ran against Campbell in 2022 and is slated to deliver oral arguments before the SJC in two weeks on DiZoglio’s behalf. The filing seems to flip a core contention of top lawmakers — that DiZoglio’s quest to probe the Legislature would violate constitutional separation of powers.

“Even if the Attorney General herself adopts the position that the legislative audit is unconstitutional or unenforceable, permitting her to block litigation based on these concerns would essentially allow her to be the final arbiter regarding these constitutional issues, rather than the Judiciary,” the brief states.

Campbell is seeking to dismiss DiZoglio’s complaint by arguing the AG’s office is the only legal “gatekeeper” for interbranch governmental disagreements that may require court intervention. As Campbell sees it, DiZoglio’s legal strategy could undermine the role of the AG’s office.

Campbell maintains that her office hasn’t received sufficient information from DiZoglio to make the decision about representing her in a suit against the Legislature, but she insists she is still open to the possibility. 

In the new filing, DiZoglio’s office says Campbell has acted “arbitrarily and capriciously” by repeatedly asking the same questions about the audit’s scope for more than a year, blocked her access to the courts, and defied public interest by not enforcing the law after 72% of voters backed the audit.

“By unilaterally precluding the Auditor from accessing the courts—and not defending the law of the Commonwealth in court, nor authorizing the Auditor to retain a Special Assistant Attorney General to enforce the law—the Attorney General has acted in dereliction of her duty to represent the public interest and in violation of constitutional principles,” the brief says.

Campbell’s actions have “effectively rendered the People’s democratic initiative a dead letter,” the brief says. It urges the SJC to deny Campbell”s motion and allow for a special assistant attorney general to be named.