In an ongoing investigation into accusations that several lawmakers and their legislative aides campaigned on state time, Rep. Spencer Black, D-Madison, has asked that the legal bills of those being investigated be made public prior to election day Nov. 5.

Black said he fears that if the legal bills are not released before the elections, the amount of money in legal fees will be higher than expected.

In an effort to prevent legislators involved in the caucus-scandal investigation from not revealing their current legal bills, Black has asked Rep. Scott Jensen, R-Waukesha, to alter current state policy.

The caucus-scandal investigation involves 60-70 lawmakers and legislative staff members from the 2000 election being questioned about illegal campaigning on state time. In May 2001, the Wisconsin State Journal discovered that members of the legislative staff were working illegally.

During a pending criminal investigation, it is illegal for legislators to be reimbursed by the public for their attorneys and other legal fees, but state lawmakers voted to alter the rule for this investigation.

Despite this fact, legal fees for Assembly members and staff in the caucus investigation have already reached $740,000.

Several groups, including public-interest group Common Cause of Wisconsin, have filed a taxpayer suit this fall in an attempt to declare the payment of these fees illegal.

“The payment of legal fees should not be occurring with public fees,” Common Cause executive director Jay Heck said. ”

If, during the investigation, the legislators and caucus aides are found innocent, they will be reimbursed for their legal fees, Heck stated.

Black said since political campaigning began this year, no bills have been released, despite the continuation of legal activity.

As a result, Black has made the assumption that the court is hiding the bills until after the election.

In a letter, Black asked Jensen to instruct the chief clerks not to pay any legislator’s bills for pre-election services unless they are submitted the Friday before Election Day. Jensen is one of the legislators under investigation and has run up $200,000 in his own attorney fees.

Black expressed his sentiments in a letter to Jensen:

“I have the uneasy feeling that a big pile of legal bills are going to land on the chief clerk’s desk the day after the election,” he wrote. “That just isn’t right. It cheats the voters of not just their money, but of the right to know how their money is being spent and how much their own legislators are benefiting.”

Black also noted that what he found most appalling was that the legislators voted to spend $100,000 on lawyers for legislators, which, in return, would cut significantly into the money previously earmarked toward the University of Wisconsin.

Steve Baas, press secretary for Jensen, said Black is “playing fast and loose with the truth and making wrongful political attacks.”

Baas said despite the pending investigation, the chief clerks have made no changes in their policy on receiving bills from lawmakers, and at this point in time, only the district attorney knows who is incurring legal bills in the caucus investigation.

Baas also said Black voted to have the state pay for the legal fees during the investigation.

“He originally voted for this plan, and now he is criticizing,” Baas said.

Black said a recent Supreme Court hearing and various other legal activities showed the lawyers involved in this scandal are keeping busy.

Black said he thinks it is odd that the chief clerk has not reported the activities of any new bills related to the caucus investigation in some time.

“With so many lawyers so busy on the caucus scandal, there is only one plausible explanation for this eerie calm at the cashier’s window: Election Day,” Black said.