MIAMI – Miami taxpayers have already spent nearly $2 million on City Commissioner Joe Carollo’s legal defense as his lengthy civil trial continues to drag on.
But will he have to pay that back if he loses? A legal expert says he might.
Carollo is fighting a federal lawsuit filed by prominent businessmen Bill Fuller and Martin Pinilla, who claim that Carollo had a personal vendetta against them because they supported his political opponent in 2017.
They allege that he used his position in city government to harass them and destroy their reputations.
Local 10 News spoke to some Miami taxpayers who think Carollo, not the city, should pay legal fees if he loses his case.
“I think he should pay it back if he loses and I don’t think we are the ones that have to pay for that,” resident Mercy Mendola said.
Resident Carlos Horan said legal bills “should be paid by him, not by taxpayer money, that’s all.”
Others think his defense should be funded by the public.
“Joe Carollo, he (does) the best for the city,” resident Rolando Rafado said. “That’s what I think. That’s my opinion.”
A legal expert said taxpayers are funding Carollo’s defense because of a Florida Supreme Court ruling protecting elected officials.
“The defense that’s been put forward by the commissioner is that he was doing these actions within the course of his duties as a city commissioner and therefore he’s covered and protected by his status as a public official,” legal analyst David Weinstein, who’s not involved with the case, said.
Weinstein said the defense, therefore, argues that his legal fees should be covered by the city.
“The reason that statute is in place is so that an elected official will perform their duty without having to worry that by performing a duty within the scope of their legal duties that they’re going to be sued for doing just that,” he said. “It’s a law that’s in place to protect all of us and ensure that our elected officials perform the job we elected them to do.”
But Weinstein said Carollo may end up being on the hook for his own legal bills. It all hinges on one thing.
“If a jury has found he’s not acting within the scope of his duties, then all of the case law that says he should have his legal fees paid for while in the course of his duties would no longer apply and potentially he could be on the hook for legal fees,” he said.
Even if Carollo is found liable and loses the case, the judgment is likely to be appealed, meaning the money wouldn’t be repaid anytime soon.
Meanwhile, the $1.9 million in legal fees already incurred does not include the charges since the trial started and the bills continue to mount.