But that's not the way politics works in this town. The Board instead hired a Democratic and Republican attorney, Greg Hahn and David Brooks, respectively, who apparently saw the litigation as an opportunity to run up a huge bill on the taxpayers. Jim Shella of WISH-TV reports that new Board Chairman Cody Kendall has pulled a plug on the lawsuit, which yesterday climaxed in a Mulholland Shella reports that Kendall says that $300,000 to $500,000 were incurred in defense costs. Taxpayers will also have to pay Mulholland's legal costs which total about $80,000. Which leads to the obvious question, why it costs as much as $500,000 for the defense attorneys yet only $80,000 for the plaintiffs' attorneys. Could it be because defense attorneys padded the bill because taxpayers were paying?
Finally, it should be noted that while Jim Shella does quote Mulholland as saying that the Board spent "half a million dollars that ... defending a law that a first year law student could tell you is unenforceable," Shella completely omits providing context as to WHY there was an assertion that the Board had taken a frivolous position - namely that the Board in 2003 had admitted the statute was facially unconstitutional and agreed not to enforce it.
CORRECTION: An earlier version of this story indicated Kendall had voted to make a criminal referral of Mulholland. Actually the Board decided against this at a subsequent meeting. However, given the fact that Board members actually contemplated making a criminal referral, despite the Board's own agreement in 2003 that the statute was unconstitutional and wouldn't be enforced, and after being slapped down by the 7th Circuit earlier this year, reflects very poorly on the attorneys on the Election Board, particularly Democrat Kendall and the Republican appointee, Vincent Perez.
Also, it should be noted that Marion County Clerk Beth White, while voting to have Mulholland's materials seized, did vote against turning the legal defense of the case over to partisan attorneys Hahn and Brooks.
By the way, here is my story on the Board's meeting following the 7th Circuit decision, the meeting at which they contemplated trying to have Mulholland prosecuted.