Why Should Delawareans Depend on the Attorney General to Stop Double-Dipping Politicians?

I hope this isn’t true because if it is, then Delawareans possess no guarantee that they can legally stop paying some Delaware elected officials twice for doing only one job:

Delawareans who believe elected officials are improperly taking taxpayers’ money are at the mercy of the attorney general’s office in trying to get those officials to come clean, an attorney for a state lawmaker said today.

Attorney John Brady told a judge that Newark resident Robert Reeder has no standing to bring a lawsuit alleging that state Rep. Nancy Wagner, R-Dover, has billed the Capital School District, where she is a school-to-work coordinator, for time spent on legislative duties….

Reeder alleges that Wagner, R-Dover, has engaged in illegal “double dipping,” being paid by the school district and the legislature for the same work hours. In his complaint, Reeder cites four specific instances in which he said Wagner billed the district for planning periods that she actually spent attending legislative committee meetings, for which she was compensated as a member of the General Assembly. (link)

Brady, a staff attorney to House Republicans and who is rumored to be interested in running for the State Treasurer’s office in 2010, argued that “The legislature has not specifically given an individual taxpayer the right to pursue a case like this,” nevertheless describes the taxpayer’s situation as “unfortunate.” What makes the taxpayer’s situation the taxpayer’s situation as “unfortunate?”

“The attorney general is the only one authorized to file an action on behalf of the state,” Brady said in asking Superior Court Judge Richard Cooch to dismiss the complaint….

“If the attorney general declines or refuses or wouldn’t bring a lawsuit, what remedy, if any, does a taxpayer have?” Cooch wondered.

“Unfortunately, none,” replied Brady…. “The legislature has not specifically given an individual taxpayer the right to pursue a case like this.” (link)

The obvious reply to Brady, although perhaps an old fashion one, is the best practice of jurisprudence assumes (ala the 9th amendment) that taxpayers possess reasonable generally recognized rights unless they are otherwise prohibited by law. Therefore, the burden shouldn’t be on Mr. Reeder to demonstrate that he has a right to ask redress from paying a politician for doing two jobs, as an elected official and a school official, when she is only doing one of them during the same hours. Rather, the burden should be on Mr. Brady to find the explicit legal basis for saying that Mr. Reeder doesn’t possess the right.

Be that as it may, Judge Cooch had his own concerns about Reeder’s lawsuit:

“If I should rule in your favor, what would prevent hundreds of taxpayers from filing lawsuits on similar or dissimilar issues?” asked Cooch, who must decide whether Reeder has standing and, if so, whether the case merits class-action status.

“Who would the members of the class be? Every citizen? Every taxpayer?... Certainly that enormously complicates a case,” the judge said. (link)

God forbid that the possible commission of fraud by an elected official and rendering justice to taxpayers should become a complicated matter for a Delaware court and judge. That shouldn’t be allowed. Was Judge Cooch serious when he asked these questions? I cannot imagine why they occurred to him at all.

Some states specifically allow citizens to bring taxpayer lawsuits against elected public officials for good cause. Apparently, Delaware relies on the Attorney General’s office to bring them. The obvious problem with that “remedy” is that the Attorney General’s office often relies on elected officials to support and vote for their budget and legislation requests. In Representative Wagner’s case, she sits on numerous committees that are vital to the interests of the Attorney General’s office: Appropriations, Corrections, Homeland Security, Joint Finance and Judiciary.

Does anyone seriously think that a political animal like Attorney General elect Beau Biden would really prosecute someone as powerful as Rep. Wagner for double dipping? Just consider that scenario and you’ll understand instantly why if Judge Cooch rules in Reeder’s favor, Delawareans have no guaranteed redress for corrupt politicians.