Lt. Gov. Bill Bolling (By Steve Helber/Associated Press)

Presumably, they have spoken now.

Chalk it up to interesting timing, but Cuccinelli’s office must defend Bolling in a lawsuit filed by Sen. Don McEachin (Henrico) on behalf of Senate Democrats over control of the state Senate.

Cuccinelli said he was “surprised” to hear that Senate Democrats filed their lawsuit already.

“That’s really kind of surprising,’’ Cuccinelli said in an interview with The Washington Post. “They really ought to wait until there’s something to fight over instead of just fighting over stuff.”

The suit says Bolling does not have the constitutional right to vote on matters of Senate organization, and seeks a temporary injunction preventing him from voting on organization until the issue is resolved.

“Until Bill Bolling makes a decision that they think is outside his authority, I’m not sure it’s reasonable to say they have standing for any of this,’’ Cuccinelli said. “

A hearing will take place Friday in Richmond City Circuit Court.

“I can only assume they will take public comments by the lieutenant governor and say this is what he said he’s going to do — he’s already decided so tell us whether it’s right or not,’’ Cuccinelli said. “That’s not an actual injury. It’s always possible a judge will say, ‘Okay, I’ll hear it,’ but it doesn’t mean it’s appropriate.”