House to hire outside counsel in unallotment case

published 1/26/2010

Now that a district court’s decision against Gov. Tim Pawlenty’s unallotment of a $5 million food assistance program is moving to the Supreme Court, the House will, once again, sign on its support for the plaintiffs.

However for this go-round, an amicus brief will be filed with the help of outside counsel. The House Rules and Legislative Administration Committee approved a resolution (2010-R2) supporting this on a voice vote that was not unanimous.

House Majority Leader Tony Sertich (DFL-Chisholm) said that, at the Supreme Court level, the information needed may be more extensive than can be provided by the nonpartisan House Research Department. (Listen to the meeting.)

The lawsuit filed in October, targets one part of the governor’s $2.7 billion unallotment used to balance the 2010-2011 biennial budget. At that time, the House gave authority to its own research department to draft an amicus curiae brief to the case contending the governor crossed the bounds of separation of powers with the scope of his unallotment. The brief is filed by someone, who is not a party to a case, but who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding the matter in question.

Ramsey County Judge Kathleen Gearin ruled in favor of the plaintiffs in December; and the Minnesota Supreme Court has agreed to hear Pawlenty’s appeal.

Republicans questioned the cost of using outside counsel. Sertich said that it could be as much as $50,000, but he expects the bill to be nearer a $25,000 figure.

Rep. Larry Howes (R-Walker) said the resolution is too broad, and is concerned that approving it will give counsel wide authority. Sertich countered that the resolution is only specific to this case. He said if other cases are filed challenging the governor’s unallotments, and the House chooses to take action, it would need committee approval.

- Lee Ann Schutz