"Democratic legislators reeling from a recent state Supreme Court ruling that wiped out much-needed money for roads and transit projects are questioning why Attorney General Robert F. McDonnell did not warn them of a possible legal problem.

McDonnell, a former Republican legislator who was elected attorney general in 2005, represents the state, including the governor and the General Assembly.

"If there had been a clear sign from the attorney general, I'm not sure we would have gotten into the mess we are in now," Del. James M. Scott (D-Fairfax) said. "There was no warning sign or red light or anything."

The General Assembly passed a landmark transportation package last year designed to pump $1.1 billion annually into transportation throughout Virginia with an emphasis on the state's two most congested areas.

But in a unanimous decision, the state Supreme Court ruled Feb. 29 that the regional authorities that legislators created to collect money for projects in Northern Virginia and Hampton Roads cannot constitutionally levy taxes and fees.

The ruling stunned legislators of both parties. Some of them have privately questioned the actions of McDonnell, who is expected to run for governor next year, but only Democrats would speak publicly.

"They assured us it was kosher," Senate Majority Leader Richard L. Saslaw (D-Fairfax) said. "They assured us it was constitutional."

McDonnell described the complaints against him as "politically motivated, ludicrous" and made by Democratic legislators who have been unable to come up with their own transportation plans.

"It's political posturing," McDonnell said. "It's ludicrous for those who have a political agenda to assign blame."

In February 2007, the General Assembly passed a transportation bill that was largely engineered by Republicans, who at the time controlled both the House and Senate. McDonnell endorsed the proposal and worked with both chambers to help get the bill passed.

The next month, Gov. Timothy M. Kaine (D) suggested changing the bill to allow regional authorities, not localities, to collect $400 million annually in Northern Virginia and $200 million annually in Hampton Roads. Kaine also recommended exempting out-of-state drivers from the abusive-driver fees charged to dangerous drivers, a change that was unpopular with Virginians and raised legal questions.

In April, on the last day of the 2007 session, the House voted 85 to 15 and the Senate 29 to 9 in favor of the bill. Some Democrats, including Scott, who had voted against the original bill voted for it after Kaine's amendments were approved.

Sen. Ken Cuccinelli II (R-Fairfax), a lawyer who is considering running for attorney general next year, voted for the original bill but did not vote for the version with Kaine's amendments for several reasons, including constitutional concerns. But he said he blames Kaine, not McDonnell, for changing the bill.

"There was no guarantee what the outcome would be," Cuccinelli said.

McDonnell said he was never given a chance to review the amendments before the legislature voted on them. He said he received them the same day they were released to the public.

"We didn't have a dialogue with the governor on those points," he said.

Gordon Hickey, Kaine's spokesman, said the governor's office worked with legislators on the amendments after local officials raised concerns about the constitutionality of the bill as it was originally written.

He said McDonnell could have reviewed the amendments if he had wanted to do so.

"The attorney general can always look at" bills," Hickey said. "They don't need to be begged to look at bills."

Kaine's office and legislators frequently ask the attorney general's office, which has about 200 lawyers across the state, for legal advice on bills during the legislative session, but McDonnell said he was not asked about the transportation amendments.

"For the attorney general to suggest that he was not involved in any way would be different from what I know to be the usual practice," Del. Kristen J. Amundson (D-Fairfax) said. Amundson voted against the original bill but voted for the version with amendments.

Amundson said the attorney general's office reviewed one of her bills this year without her asking. She said after the legislature passed a bill about student educational records, Kaine's office sent it back with amendments she was told came from the attorney general's office.

McDonnell's office defended Kaine and the General Assembly in the lawsuit that led to the state Supreme Court ruling. The case deals with only a portion of the transportation package; most other parts remain intact except the abusive-driver fees, which legislators voted to repeal this month.

The General Assembly completed its annual session last week without agreeing on how to solve the state's transportation problem or when to return to Richmond to try to come up with a solution.

Senate Democrats want a statewide tax increase that would go toward maintaining roads, but House Republicans oppose it because they want to focus on salvaging the regional panels by allowing local governments to enact the tax and fee increases.

Kaine plans to introduce a new transportation proposal that includes regional and statewide components and to call legislators back into a special session on transportation later this spring.

"There's no need for any of this" blame, Hickey said. "Let's move on and take care of business."" (Anita Kumar, The Washington Post, March 24, 2008)