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Otto’s outright loss

Thus far, people have tiptoed around what the judge ruled last Friday in the lawsuit brought by Rebecca Otto. Ms. Otto is quoted as saying “In the decision, the court granted our motion in part and denied it in part,” Otto said. “As we requested, the court recognized the core constitutional function of the Office of the State Auditor to audit counties. The court also held that the Office of the State Auditor may ‘continue to exercise its constitutional authority to audit counties to pay for such audits.’ We are reviewing the opinion and analyzing our options.”

It would’ve been surprising if the court had ruled that the OSA didn’t have the authority to be the state’s main auditor. This isn’t surprising. That’s as surprising as the judiciary finding that the Secretary of State had the authority to monitor elections. Later, Ms. Otto said this:

“Unfortunately, the district court also permitted counties to hire private CPA firms at their discretion to conduct an “initial audit.” We respectfully disagree with this aspect of the district court’s decision. It will result in an unacceptable diminishment of the protection this constitutional office provides on behalf of the taxpayers of this state.”

The OSA already has given some counties the authority to hire CPA firms to do their audits. With that being the case, Ms. Otto’s intellectual fight is flimsy. She’s essentially arguing that she has the authority to give counties the right to hire CPA firms to perform their audit but that the legislature doesn’t have that authority.

Further complicating matters is that Ms. Otto is essentially arguing that the statutes that have assigned specific responsibilities to the OSA and other statutes assigning specific responsibilities to other constitutional offices are constitutional but that this statute, and this statute alone, is unconstitutional.

If the Minnesota Supreme Court rules in Ms. Otto’s favor, then we’ll have verifiable proof that Gov. Dayton stacked that court with judges that will rule in the DFL’s favor no matter what the Constitution says. Let’s hope that these justices aren’t partisans first and jurists second. Here’s hoping that they’re jurists first, last and only.

Technorati: Rebecca Otto, State Auditor, Ramsey County District Court, Lezlie Ott-Marek, Minnesota Supreme Court, Lawsuit, Partisanship, Certified Public Accountants

Authored By Let Freedom Ring Blog