Constitutional issues abound in the high-profile dispute between the Attorney General of Massachusetts and the State Auditor, but the first question is one of counsel. Is the State Auditor entitled to representation by a Special Assistant Attorney General (SAAG)?
Dean Elwell spoke with Law360 about the case pending before the Supreme Judicial Court and the possibility that its decision could foreshadow increased SAAG-led enforcement activities throughout the Commonwealth. He noted, “Separation-of-powers issues are important, the exclusive authority of the attorney general is important, and I think the limits on the appointment of a special attorney general will be important for practitioners to know,” Elwell said. “Will we be potentially facing more enforcement actions from other regulatory agencies in Massachusetts, depending on this decision?”