Minnesota Lawyer Blog

Minnesota Lawyer just posted an article on today's Legislative Audit Commission meeting, which included a discussion of the June 3 report by Legislative Auditor James Nobles on the Office of Attorney General Lori Swanson.

Certainly the contents of the report -- made public a month ago -- were not a surprise. However, there were a couple of interesting new twists picked up by the reporter, Charley Shaw, who writes for one of our sister publications, the Capitol Report (a/k/a the St. Paul Legal Ledger).

As you recall in the written report, Nobles concluded that the types of allegations made by those who came forward for the investigation -- including charges of mismanagement and misconduct -- were not in purview of the Office of the Legislative Auditor, which typically investigates the uses of state funds. Nobles did call on lawmakers to consider whether attorneys who work at the AG's Office should remain "at-will" or be afforded some kind of civil-service job protections.

However, under questioning from Rep. Steve Simon, DFL-St. Louis Park, Nobles acknowledged that some of the allegations not discussed in the written report involved the use of funds. Nobles said that his office will will follow up on financial allegations involving the use of Medicaid funds in the course of its next regularly scheduled review of federal compliance.

Click here for the full Minnesota Lawyer article.

An interesting side note, we recently reported here that ACORN, a community action group, gave the Minnesota AG's Office an "A+" on its efforts to combat mortgage fraud (one of only six AG's Offices nationally to be so recognized). ACORN, as it turns out, was one of two nonprofits that got to split two-thirds of the $749,999 settlement the Minnesota AG's Office scored from Capital One. (The other third went to the state.) The AG's Office (then under Hatch) got to direct the settlement (rather than having it go into the general legislative coffers) because the settlement amount came to less than $750,000. (By just a $1! What a coincidence!) In any case, now I'm a little miffed Minnesota only got an "A+" ...

It's also worth noting that the settlement occurred under Hatch's watch, not Swanson's (although Swanson was, of course, a top deputy).

The Legislative Audit Commission will meet 1:00 p.m. Monday, June 30, in room 107 of the State Capitol, to discuss, among other things, the Office of the Legislative Auditor's preliminary assessment of allegations concerning the office of Minnesota Attorney General Lori Swanson. (For hearing notice, see OLA website.)

In a report issued earlier this month, the OLA found it did not have jurisdiction over the types of complaints raised against Swanson by some of her staff members. However, in light of the concerns, the OLA called on lawmakers to review whether it's necessary that all the attorneys in the AG's Office remain at-will employees serving at the pleasure of the AG. (The employees at some state agencies have been afforded civil-service protections.)

The purpose of tomorrow's meeting is to hear from the Legislative Auditor James Nobles, his staff and the state officials directly affected by the Legislative Auditor’s reports. Testimony from others will not be taken at this meeting.

Tomorrow at 10:00 a.m. Legislative Auditor James Nobles will release the results of his preliminary assessment of the allegations concerning the Minnesota Attorney General´s Office.

The results will be presented in a letter to members of the Legislative Audit Commission. The letter will be posted on the Office of the Legislative Auditor's website, http://www.auditor.leg.state.mn.us/.