Wisconsin DOJ didn't track gray marriage case hours, attorney costs

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MADISON, Wisconsin — The state Department of Justice says it doesn't have any records of the hours it spent defending Wisconsin's gay marriage ban, making the full cost of fighting the case impossible to determine.

A group of gay couples filed a lawsuit last year challenging the marriage ban. They won the case this past fall when the U.S. Supreme Court refused the DOJ's request to review a federal appeals court ruling that the ban was unconstitutional.

DOJ officials said Monday they typically don't track hours their lawyers spend on cases and assistant attorney generals aren't eligible for overtime.

The agency did release records that show it paid out about $5,750 for legal filing fees, shipping fees and an expert witness. The agency also paid out about $400 for two attorneys' travel expenses.

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