AUGUSTA — An embattled lawmaker in the Maine House of Representatives has chosen to resign following an investigation into misuse of public campaign funds. 

House Speaker Robert Nutting, R-Oakland, announced Tuesday that Alfred Republican David Burns was planning to step down. Burns last year was the subject of a random audit by the Maine Commission on Governmental Ethics and Election Practices, which found that the lawmaker had routed public financing money to his private bank account, used the funds for personal expenses and provided investigators with false documents.

The ethics commission recently voted unanimously to send the case to the Attorney General’s Office for a possible criminal probe. Burns had continued to serve in the Legislature.

Brenda Kielty, a spokeswoman for the AG, said she expected formal criminal charges to be filed against Burns sometime next week. Kielty declined to elaborate on the charges. 

Nutting indicated that Burns’ resignation was the proper outcome. Nutting said Burns would vacate his post immediately.

“I believe this is an appropriate step for him to take, as we insist our members maintain the highest ethical standards possible,” Nutting said. 

He also shot a barb at House Minority Leader Emily Cain, D-Orono. “Regrettably, Emily Cain … issued a press release this morning calling for Burns’ resignation before there had been a resolution to the matter,” Nutting said. “I felt it was more appropriate to proceed with the presumption of innocence for Rep. Burns while the investigation was ongoing.”

Cain, in a written statement, said Tuesday that Burns should step down immediately. Or, she said, the Maine House Ethics Committee should be convened to recommend action.

The House panel is designed to investigate the actions of individual members of the Maine House of Representatives. It comprises four Democrats and four Republicans and makes disciplinary recommendations.

“The Clean Elections system is not an ATM for lawmakers and it shouldn’t be treated that way,” Cain said. “The system has been effective in keeping special interests out of elections and any abuse of it must be addressed swiftly.”

In her earlier statement Tuesday, Cain said that if Burns was a Democrat she would ask him to resign “immediately.”

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