Attorney, Democratic activist and St. Pete Pride board member David Schauer has filed a Bar complaint against Florida Attorney General Bill McCollum. The complaint says that in filing a lawsuit to overturn the recent health care overhaul signed into law by President Barack Obama, McCollum acted outside his authority, filed a frivolous lawsuit and has a conflict of interest.
“As an attorney in Florida I have witnessed a rapid decline in respect for our court and court personnel,” Schauer wrote in his complaint. “It is my firm belief that the lack of respect is a result of the way politicians attack the court and use the facilities of the court for political grandstanding.”
Schauer goes on to say that, “It is my belief that his actions are not only unethical, but also illegal.
McCollum hired Washington lawyers David Rivkin and Lee Casey to help with his lawsuit against the health care legislation. Both work at McCollum’s former law firm, Baker and Hostetler, and will be paid $250 an hour under a contract capped at $50,000.
Some of the other 12 attorneys general that have joined the lawsuit will share the costs, according to McCollum spokeswoman Ryan Wiggins, bringing Florida’s share of the fees to about $30 an hour.
Despite the supposed “discount” in fees, Schauer says Florida’s constitution prohibits McCollum from participating.
“Neither the Constitution of the State nor the State Statutes authorize the Attorney General to bring suit against the Federal Government without the direction of either the Governor or the State Legislature,” Schauer said. “The Constitution and Statutes of Florida defines the duties of the Attorney General and he was not authorized to bring or join this suit. There are provisions in Florida law that requires him to conduct a study and to consult with the legislature before filing a lawsuit, which he didn’t do.”
A spokeswoman for McCollum disagrees and says that he is well within his legal rights to pursue the suit.
“As the attorney general has said, this lawsuit is simply about the law and the attorney general’s oath to uphold the Constitution and protect the people of Florida,” she said.
Schauer contends that the suit is frivolous he sites that McCollum threatened and prepared his lawsuit before the health care law was even passed by either house of Congress. He also adds that there is not one single case citation to support the suit.
“Taken in totality, it clearly establishes that the attorney knew he was filing a frivolous lawsuit,” Schauer said.
