Differing opinions on the District’s budget autonomy have created a rift between the mayor and city’s first elected attorney general.
The D.C. Office of the Attorney General has withdrawn its representation of Mayor Muriel Bowser in a lawsuit involving the budget autonomy, signaling the new mayor may oppose her predecessor on the matter.
The lawsuit stems from the refusal of former Mayor Vincent C. Gray and the city’s chief financial officer to implement a voter-approved law giving the District the right to set its budget without congressional interference.
In filings Friday in U.S. Court of Appeals for the District, Ms. Bowser asked for a 30-day pause in the proceedings so that she can reconsider her stance “including the possibility that she may take a position and course of action different from the prior Mayor.”
The Budget Autonomy Act — which was overwhelmingly passed by voters in April 2013 and signed by Mr. Gray — gives the District the authority to set its own fiscal calendar and spend its locally raised tax dollars without approval from lawmakers on Capitol Hill.
The D.C. Council sued the former mayor and the CFO in April over their decision not to implement the law. The council’s claims that the District has the legal right to grant the authority to itself were rejected by U.S. District Court Judge Emmet G. Sullivan in May, but the council appealed the ruling and is awaiting a decision.
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During arguments before the appeals court in October, both parties were asked whether the entire case might end up becoming moot as a result of the Nov. 4 elections.
As a member of the D.C. Council, Ms. Bowser voiced support for the Budget Autonomy Act. Meanwhile, Karl Racine, the city’s first elected attorney general, has indicated that he continues to support his predecessor’s opinion that the act is invalid under federal law.
City activists had long advocated for an elected attorney general to insulate the legal decisions made by the city’s top lawyer from political decisions by lawmakers.
While Mr. Racine said during his own campaign that he supports statehood and autonomy for the District, he believes the autonomy lawsuit is not a case the city can win. His continued support for the past administration’s opinion on the autonomy issue is frustrating those who supported autonomy and the establishment of an elected attorney general.
“I do think having an elected attorney general gives the attorney general more flexibility to disagree with the mayor,” said Walter Smith, executive director of D.C. Appleseed Center for Law and Justice. “But I think it also gives him an enhanced responsibility to act in the public interest, and I do not think the position he is taking is in the public interest.”
A spokesman for Mr. Racine declined to comment beyond what was included in court filings.
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If Ms. Bowser changes course, the lone holdout in the equation would be CFO Jeffery DeWitt, who has independent autonomy from the mayor. Friday’s court filings note that Mr. DeWitt continues to be represented by Mr. Racine on the matter.
“There is a possibility if the mayor changes opinion that the CFO may want to change position,” Mr. Smith said.
By the tone of the Friday court filings, Mr. DeWitt appears to already have made up his mind.
“CFO Dewitt wishes to note that he continues to maintain the position that the Budget Autonomy Act is invalid,” attorneys wrote in the motion filed Friday. “He does not need any additional time to reconsider his views.”
• Andrea Noble can be reached at anoble@washingtontimes.com.
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