New York State Attorney General Letitia James will not defend Governor Kathy Hochul in two recently filed lawsuits seeking to “repeal” and enforce the congestion charge law, NY1 has learned.
James’ office told NY1 that a “conflict” prevented her from representing Hochul, state Department of Transportation Commissioner Marie Therese Domingue and the MTA in the cases.
Although the Attorney General’s office did not elaborate on the nature of the conflict, Dennis Vacco, a former Republican attorney general under former Republican Governor George Pataki, said the reason may be that James is already defending the state in an ongoing lawsuit to abolish congestion charges.
“This is quite unique, not only because of the underlying issue, but also because the attorney general and her office may be on both sides of the litigation,” said Vacco, who is now a partner at the law firm Lippes Mathias LLP.
Instead, according to court documents, Hochul’s office hired outside counsel from the renowned law firm Wilmer Cutler Pickering Hale & Dorr LLP.
Attorneys Alan Schoenfeld and Boyd Johnson are representing the state in both cases, one filed by the good governance organization City Club of New York and the other by the nonprofits Sierra Club, Riders Alliance and New York City Environmental Justice Alliance.
“Under the Constitution and executive law, the attorney general is actually the state’s lawyer,” Vacco said. “The attorney general remains obligated to defend lawsuits challenging this duly enacted law, but now he is faced with the governor’s decision to suspend the plan.”
Vacco told NY1 that he agreed with James’ decision to drop the case.
“Her primary responsibility, of course, is to enforce and defend the law. The next rounds of litigation are aimed at completing the implementation of the law,” he said. “I think she made the right decision in advising the governor to seek independent outside counsel.”
It is unclear how much the state plans to spend on outside counsel, but according to the state Comptroller General’s database of government contracts, the Executive Chamber has at least four previous contracts with Wilmer Cutler Pickering Hale & Dorr LLP.
A representative for Hochul declined to comment.
