According to that summons, Mills has 20 days to file a formal response to the suit. Bryan Dench and Amy Dieterich, attorneys with the Auburn firm of Skelton Taintor & Abbot, filed the suit on LePage’s behalf. Dench and his wife, Susan Dench of Falmouth, have been outspoken supporters of LePage during his time in office.
Five states allow the governor to appoint the attorney general, and 43 states use a statewide popular vote. In Tennessee, the attorney general is appointed by the state’s Supreme Court to an eight-year term. House Minority Leader Ken Fredette, R-Newport, a staunch LePage ally, also issued a statement Monday.
Later Monday, Mills’ office released 16 pages of written correspondence between her office and the governor about his request to hire private attorneys to represent the state in briefs supporting the president. According to the documents released by Mills, LePage’s request came after the 9th U.S. Circuit Court had issued a stay.
In a written statement, LePage said Mills has cost the state “hundreds of thousands of dollars” in private attorney fees because of her refusal to provide legal representation for the state. “It is no secret that Attorney General Mills and I have differing political views, but that is not the issue,” LePage said in the statement.
Once that permission is granted, however, the attorney general can no longer attempt to direct or control the litigation filed by the administration , including by limiting or requiring periodic review of the amount of money the governor can spend on a case, the court said.
She also noted that the attorney general is an independent constitutional officer whose du ty is to represent the public interest. “The attorney general has never denied the governor the ability to retain outside counsel in any particular matter,” Mills said in a written statement Monday.
Bryan Dench served as treasurer of LePage’s 2014 re-election campaign. Also in 2014, LePage nominated Susan Dench to the board of trustees of the University of Maine System, but the nomination did not clear the Democrat-controlled Legislature.