New York State Attorney General Letitia James will not defend Gov. Kathy Hochul in two lawsuits newly filed to “un-pause” and enforce the congestion pricing law, NY1 has learned. 

James’ office told NY1 that a “conflict” bars her from representing Hochul, state Department of Transportation Commissioner Marie Therese Dominguez and the MTA in the cases.

Although the attorney general’s office did not explain the nature of the conflict, Dennis Vacco, former state Republican attorney general under former Republican Gov. George Pataki, said the reason could be because James is already defending the state in ongoing litigation filed to halt congestion pricing. 

“This is somewhat unique, not only because of the underlying issue, but because the AG finds herself and her office conceivably on both sides of this controversy in litigation,” said Vacco, who is now a partner at the firm Lippes Mathias LLP.

Instead, Hochul’s office obtained outside counsel from white shoe law firm Wilmer Cutler Pickering Hale & Dorr LLP, according to court papers. 

Attorneys Alan Schoenfeld and Boyd Johnson are representing the state in both cases, one filed by the good government group City Club of New York, and the other by the nonprofits Sierra Club, Riders Alliance and New York City Environmental Justice Alliance. 

“Under the constitution, under the executive law, the attorney general really is the lawyer for the state,” Vacco said. “The AG still has an obligation to defend litigation against that duly enacted statute, but now she’s confronted in the aftermath of the governor's decision to suspend the plan.”

Vacco told NY1 that he agrees with James’ decision to hand off the case. 

“Her principal responsibility, obviously, is to enforce and defend the statute. These next rounds of lawsuits seek to complete the implementation of the statute,” he said. “I think that she’s made the right choice here in advising the governor that the governor needs to seek independent outside counsel.”

It’s unclear what the state plans to spend on the outside counsel, but the executive chamber has at least four previous contracts with Wilmer Cutler Pickering Hale & Dorr LLP, according to the state comptroller’s database of government contracts.

A representative for Hochul declined to comment.