Gov. Mikie Sherrill’s administration retained former Attorney General Christopher Porrino and his law firm on May 21 to conduct an internal investigation of Lt. Gov. Dale Caldwell, more than three months before the inquiry became public, according to a previously undisclosed engagement letter obtained by the New Jersey Globe.
The two-page retention agreement between the state and Lowenstein Sandler was released Tuesday in response to an Open Public Records Act request filed by the New Jersey Globe seeking the firm’s contract for legal services related to Caldwell.
The agreement is dated May 21 and says Porrino’s firm was retained as counsel to the chief ethics officer for the Governor’s Office, in her official capacity, to conduct the investigation. The subject of the investigation is redacted from the document.
But in its response to the Globe’s records request, the Governor’s Office acknowledged that the agreement was responsive to a request specifically seeking Lowenstein’s retention agreement for legal services “related to the matter regarding Dale Caldwell.”
“Without confirming or denying the existence of any investigation regarding Dale Caldwell, you are being provided with the responsive retention agreement for Lowenstein Sandler,” Elizabeth Harris, the governor’s deputy chief counsel and acting custodian of government records, said in the OPRA response.
The May 21 date provides the clearest official timeline yet for the administration’s decision to bring in outside counsel.
The New Jersey Globe first reported the Caldwell investigation on September 4. The inquiry involves allegations of inappropriate behavior toward women and possible ethics violations, including purported offers of state jobs. Caldwell has denied allegations that he used his office to pursue women romantically and has been cooperating with the investigation.
Under the agreement, Lowenstein is being paid a blended rate of $450 an hour for partners, shareholders, and associates and $90 an hour for paralegals. Porrino is designated as the firm’s primary contact.
Porrino signed the agreement on May 21, and Division of Law Director Michael Walters countersigned it the same day.
Caldwell’s involvement with the state ethics office was already underway by late May. In a May 28 letter to Chief Ethics Officer Christina Fullam, Caldwell denied allegations that he had used his position to romantically pursue women and pledged to cooperate with the review. He said the allegations were contained in a May 6 letter delivered to him on May 26.
Porrino and Lowenstein partner Shontae Gray, a former assistant U.S. attorney, have spent months interviewing complainants and potential witnesses. The investigation remains pending.