With the House gearing up for a potential legal battle over Question 1, Auditor Diana DiZoglio is trying to attach new urgency to her monthslong request that Attorney General Andrea Campbell intervene or allow her to seek outside counsel.

Intensifying her plea to the AG, DiZoglio signaled Monday that Campbell must finally disclose whether she intends to enforce the voter law allowing the auditor’s office to probe the Legislature. If Campbell chooses not to defend the auditor’s office, DiZoglio said, the AG must allow her to seek outside legal counsel – an approach already taking shape in the House as the branch looks to insulate itself from the likely legal drama.

DiZoglio says her office lacks the authority to initiate a lawsuit. House Speaker Ron Mariano and Senate President Karen Spilka have resisted DiZoglio’s audit, warning of constitutional separation of power issues.

“The Attorney General has had ample time to decide if she wants to defend the People and enforce the law on this, or if she is going to let our office work to defend the People on our own,” DiZoglio told the News Service. “It’s her call to make and if she doesn’t want to defend the People, I would of course be disappointed — but it’s ultimately her decision to make. We do need to move forward here though and a decision has to be made, either way.”

Campbell, who voted for Question 1, has insisted her office must follow a process to determine which state agencies it represents. The AG, in a radio interview last month, said her office is evaluating the information DiZoglio is seeking from the Legislature and how lawmakers respond.

That process is underway, the AG’s office told the News Service Monday afternoon.

The auditor can hire counsel without the AG’s approval, Campbell’s office said. Campbell would need to approve a hire made for litigation, her office said.

Still, DiZoglio emphasized her interest Monday in appointing a special assistant attorney general to handle the legal dispute over the audit if necessary, a move that requires approval from Campbell.

“We are losing valuable time and need to be able to appoint a SAAG, of our choice, to defend the People if she remains unwilling to help as the Legislature builds its case against the People right now,” the auditor said.

DiZoglio said she’s received “multiple offers” from parties interested in representing the auditor’s office against the Legislature. But DiZoglio indicated she’s in limbo until Campbell clarifies what her office intends to do.

“People think our office can just sue them on our own but the AG has to take a position first,” DiZoglio said. “Every day that she doesn’t, is another day that they get to prep to battle the people while we hope our AG will step in.”

Fearful of potential litigation surrounding the new voter law, the House hired CEK Boston as outside counsel on Jan. 9, a House spokesperson told the News Service Sunday. The voter law took effect on Jan. 3.

Campbell’s office did not advise the House to seek outside counsel, a House official said. The AG did not instruct either branch to seek outside counsel, Campbell’s office later confirmed.

“It is routine for state agencies to retain outside counsel when confronted with novel questions of law,” House spokesman Max Ratner said in a statement Monday. “Outside counsel will supplement the House’s in-house counsel in order to ensure that House personnel can remain focused on the legislative session, and on protecting the Commonwealth from the most severe impacts of federal policy decisions. The House will not be distracted from its important work by the Auditor’s pursuit of a political audit.”

Nearly 72% of voters in November backed Question 1 to shed more transparency on Beacon Hill. Mariano and Spilka have separately vowed to make their work more transparent while citing concerns about negative media courage and public perception of the Legislature’s productivity.

Mariano’s office did not divulge that the branch retained legal help until over the weekend, after inquiries stemming from a Boston Institute for Nonprofit Journalism report on the branch’s request for proposals.

CEK Boston is helmed by former First Assistant Attorney General Thomas Kiley. He’s also listed as a partner at TSK Associates, which is led by former Senate President Robert Travaglini.

CEK Boston “provides representation and counsel to public officials, governmental bodies, and private entities on all matters involving administrative law and governmental operations,” according to the firm’s website.

The Senate has not sought new outside legal help in response to Question 1, said Spilka spokesperson Gray Milkowski.

“The Senate has not solicited new legal relationships on this matter,” Milkowski said in a statement. “Senate Counsel engages with its existing outside counsel when certain legal matters arise that require additional expertise.”

Milkowski did not identify the Senate counsel’s outside counsel but said all expenditures, including to law firms, are publicly available.

DiZoglio, asked about the House retaining outside counsel, described the arrangement as, “Powerful friends defending powerful friends with our tax dollars to prevent the public from seeing what’s going on behind the curtain.”

“Just another day on Beacon Hill,” she added.

House Business Manager Colleen McGonagle opened up the public bidding process for legal services in December, with proposals due on Jan. 3. The RFP said the “successful bidder will serve as outside legal counsel to the House of Representatives to assist with potential litigation that has been publicly threatened by numerous parties related to the recently approved initiative petition known as Question 1.”

House payments made to CEK Boston will be made publicly available on the state financial records platform, the House official said. The firm has received $71,423 in state dollars in fiscal 2025, including $40,920 from Gov. Maura Healey’s office and $30,503 from the Norfolk district attorney’s office, state data show.

DiZoglio said her office has not solicited bids for outside legal help. She argued “it’s the role of the Attorney General to defend the law and the People.”

“If she refuses to help we do have to get some assistance since the Legislature is already prepping for battle against the people they represent right now,” DiZoglio said.

Paul Craney, who’s part of a coalition threatening to file a lawsuit to force the Legislature to comply with Question 1, says the groups are still waiting on Campbell to make a decision.

“All eyes have to be on Campbell right now,” Craney said. “She needs to publicly come out with her position.”

Craney, asked what could trigger the coalition to sue, said he would need to hear Campbell say “she is conflicted and the auditor would have her own special attorney general.”

The Senate and House are taking different tactics to respond to DiZoglio’s probe. The Senate created a subcommittee, led by Sen. Cindy Friedman, to manage issues around Question 1.

The subcommittee and staffers from DiZoglio’s office are meeting Tuesday to discuss the audit. DiZoglio said she will not be attending and contends senators want to discuss “why they are breaking the law.”

The auditor has requested records from the Legislature including financial receipts, and state contracting and procurement documents.

“Regardless of what is said in the meeting tomorrow the Senate and House remain out of compliance with the law since it’s their refusal to produce documents that is in violation,” DiZoglio said. “Until those financial documents are produced, they remain in violation of the law.”