Signed by Governor Phil Bryant

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the rules regarding the hiring of outside counsel by the state.

Highlights:

• Requires the Attorney General to authorize retention of outside counsel by the state to act in his or her official capacity if the Attorney General declines representation when requested (Sec. 6).

• Requires the Attorney General to withdraw from representation of the state if there is a significant disagreement over the legal strategy that is to be utilized  and to authorize retention of outside counsel to act instead of the Attorney General (Sec. 6).

• Requires the Outside Counsel Oversight Commission to first approve the retention of outside counsel before the state elects an officer to act in the official capacity of the Attorney General (Sec. 6).

• Specifies that the Outside Counsel Oversight Commission shall consist of the Governor, Lieutenant Governor, and the Secretary of State (Sec. 4).

• Requires outside counsel hired by the Attorney General to keep current and complete written records of their time, in increments no greater than 6 minutes, and money spent per day in performance of a contract (Sec. 2).

• Prohibits fees paid to outside counsel from exceeding the recognized bar rates for similar services (Secs. 3 & 6).

• Limits the amount of contingency fees that can be paid to outside counsel hired by the state to certain percentages of the settlement not to exceed $50 million (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report that amends the rules regarding the hiring of outside counsel by the state.

Highlights:

• Requires the Attorney General to authorize retention of outside counsel by the state to act in his or her official capacity if the Attorney General declines representation when requested (Sec. 6).

• Requires the Attorney General to withdraw from representation of the state if there is a significant disagreement over the legal strategy that is to be utilized  and to authorize retention of outside counsel to act instead of the Attorney General (Sec. 6).

• Requires the Outside Counsel Oversight Commission to first approve the retention of outside counsel before the state elects an officer to act in the official capacity of the Attorney General (Sec. 6).

• Specifies that the Outside Counsel Oversight Commission shall consist of the Governor, Lieutenant Governor, and the Secretary of State (Sec. 4).

• Requires outside counsel hired by the Attorney General to keep current and complete written records of their time, in increments no greater than 6 minutes, and money spent per day in performance of a contract (Sec. 2).

• Prohibits fees paid to outside counsel from exceeding the recognized bar rates for similar services (Secs. 3 & 6).

• Limits the amount of contingency fees that can be paid to outside counsel hired by the state to certain percentages of the settlement not to exceed $50 million (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes certain government officials to hire their own lawyers without the approval of the Attorney General, effective July 1, 2012.

Highlights:

• Authorizes any officer to employ special counsel to represent the officer in litigation in lieu of the counsel assigned by the Office of the Attorney General in the following situations (Sec. 1):
• The officer has submitted a written statement to the Personal Service Contract Review Board explaining that a conflict of interest exists with the Office of the Attorney General; or
• The officer has submitted a written statement to the Personal Service Contract Review Board explaining that the necessary legal services cannot be adequately performed by the counsel assigned by the Attorney General.

• Defines an “officer” as any of the following individuals (Sec. 1):
• The Governor;
• The Lieutenant Governor;
• The Speaker of the House of Representatives;
• The Attorney General;
• The Secretary of State;
• The State Treasurer;
• The State Auditor;
• The Commissioner of Agriculture and Commerce;
• The Commissioner of Insurance; or
• The executive director of any state agency, board, commission, department or institution.

• Authorizes the officer to pay special counsel with any funds appropriated or otherwise available to the officer (Sec. 1).

• Requires officers to submit a contract for special counsel to the Personal Service Contract Review Board for publication on the Board’s website if the fee specified in the contract exceeds $100,000 (Sec. 1).

Full Bill Text