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"The occupation of a legal counselor does not start at the courthouse steps. The occupation of a legal counselor starts before a move is made, when suit can best be maintained a strategic distance from," Mills wrote in a strongly worded letter, dated Friday, to Gov. Paul LePage's boss legitimate guidance, Cynthia L. Montgomery.
At issue is whether the Executive Department can legitimately use outside lawyers or lawyers utilized by state offices to handle lawful matters.
By, the Attorney General's Office is the legitimate guidance for state government. Factories says just individuals from her staff or a lawyer affirmed by her can offer legitimate guidance in the interest of the state or the state will chance presenting itself to risk claims.
Montgomery can't help contradicting Mills and said Sunday night that the AG's charges are more established in her hostile association with the senator than whatever else. The most recent fight is all around reported in a few letters that Mills and Montgomery traded in January.
"All lawyers in this Office, including myself, took a vow to maintain the Constitution and to uphold the laws," Mills wrote in the letter dated Friday. "We are focused on the standard of law. We are not about bowing the law to suit the political objectives of a specific organization. That is the reason all Attorneys General, from Republican Jon Lund to Democrat Steve Rowe, have battled to secure and reinforce this law and to control endeavors by past organizations to get legitimate administrations somewhere else."
Plants goes ahead to refer to a state statute that requires that the lawyer general or somebody from her office show up in the interest of the state in every single common activity and procedures in which the state is a gathering. The law depends on the rule that attorneys working for the state work for the general population and not for a particular customer or person.
"The statute represents itself with no issue. I remain by the committed proficient lawyers and paralegals in my Office, who have dedicated their professions to open administration, who have constantly served under various organizations and who took a vow to bolster the Constitution and the tenet of law," Mills said in an announcement issued Sunday night through her representative, Timothy Feeley.
Montgomery, who was named LePage's boss lawful guidance a year ago, told the Portland Press Herald on Sunday night that she has met with Mills on a few events to examine the legal counselor issue. She said despite everything she doesn't completely comprehend what Mills is looking for.
She noticed that there are state representatives –, for example, specialists in the Department of Health and Human Services – who are attorneys. They normally draft contracts, create approach, and compose enactment. Montgomery sees nothing amiss with that.
"The attorneys procured by the Department of Health and Human Services are not speaking to the state, they are working for the state," Montgomery said.
In a letter to Mills dated Jan. 14, Montgomery reminds the lawyer general that she has advised her "time and again that this Administration does not believe you to prompt or speak to it with non-fanatic, proficient lawful judgment."
Montgomery blamed Mills for a "long history of taking strident and open stands against the arrangement choices of the Administration."
"What's more, regarding approach activities, Executive Branch workers who have looked for lawful conclusions, exhortation, and guidance from your office have on numerous occasions confronted absurd postponements for a reaction or been basically advised, you can't do that, with no push to examine a lawful path around different obstructions," Montogomery composed.
Montgomery, who says she met with Mills for a hour and a half on the evening of New Year's Eve, said she would will to meet again to check whether the sides can resolve their disparities.
She said there is one thing she can concur with Mills on.
"We can all concur that nobody needs to disregard the law," Montgomery said.
The question in the middle of Mills and LePage comes from 2013, when Mills was chosen by the Legislature to supplant Republican Attorney General William Schneider. In the wake of taking office, Mills declined to speak to the LePage organization in two prominent welfare cases. Rather, she approved outside insight to speak to the organizat
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