SJC tells DiZoglio and Campbell to make progress on ongoing audit dispute

Justices on the Supreme Judicial Court expressed a clear desire Wednesday for Attorney General Andrea Campbell and Auditor Diana DiZoglio to “fish or cut bait” and at least make progress in their long-running dispute over an attempted audit of the Legislature.

Campbell’s motion to strike the lawsuit that DiZoglio filed earlier this year against House Speaker Ronald Mariano, Senate President Karen Spilka, and the House and Senate clerks was before the state’s highest court Wednesday morning. But justices made clear they are also interested in the underlying constitutional and process questions that have effectively blocked implementation of a law passed in 2024 by 72% of voters.

About 20 mins into a volley of questions from the bench, Justice Gabrielle Wolohojian raised with the assistant attorney general representing Campbell the idea of an order from the court essentially setting deadlines for DiZoglio to answer certain questions from Campbell and then for Campbell to decide whether she will represent DiZoglio or otherwise allow the suit to move forward.

Wolohojian suggested it would be a way for the sides to “fish or cut bait.”

Justices Dalila Wendlandt and Scott Kafker at multiple points in questioning the AG’s side mentioned how long this dispute has dragged on without any progress. Kafker specifically mentioned the strong public interest in at least having constitutional questions about the 2024 voter law resolved by the court.

Attorney Shannon Liss-Reardon, representing DiZoglio, said the auditor would have no objection to an order like the one Wolohojian described.