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2014 SESSION

14100283D
HOUSE BILL NO. 248
Offered January 8, 2014
Prefiled December 29, 2013
A BILL to amend and reenact § 2.2-510 of the Code of Virginia, relating to employment of special counsel; fees.
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Patron-- Surovell
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Referred to Committee on Rules
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Be it enacted by the General Assembly of Virginia:

1. That § 2.2-510 of the Code of Virginia is amended and reenacted as follows:

§ 2.2-510. Employment of special counsel generally.

A. No special counsel shall be employed for or by the Governor or any state department, institution, division, commission, board, bureau, agency, entity, official, justice of the Supreme Court, or judge of any circuit court or district court except in the following cases:

1. When the Governor determines that, because of the nature of the legal service to be performed, the Attorney General's office is unable to render such service, then the Governor shall issue an exemption order stating with particularity the facts and reasons leading to the conclusion that the Attorney General's office is unable to render such service. The Governor may then employ special counsel to render such service as he may deem necessary and proper. The compensation for such special counsel shall be paid out of the funds appropriated for the administration of the board, commission, division, or department to be represented or whose members, officers, inspectors, investigators, or other employees are to be represented pursuant to this section.

2. In cases of legal services in civil matters to be performed for the Commonwealth, where it is impracticable or uneconomical for the Attorney General to render such service, he may employ special counsel whose compensation shall be paid out of the appropriation for the Attorney General's office.

3. In cases of legal services in civil matters to be performed for any state department, institution, division, commission, board, bureau, agency, entity, official, justice of the Supreme Court, or judge of any circuit court or district court where it is impracticable or uneconomical for the Attorney General's office to render such service, special counsel may be employed but only as set forth in subsection C of § 2.2-507, upon the written recommendation of the Attorney General, who shall approve all requisitions drawn upon the Comptroller for warrants as compensation for such special counsel before the Comptroller shall have authority to issue such warrants.

4. In cases where the Attorney General certifies to the Governor that it would be improper for the Attorney General's office to render legal services due to a conflict of interests, or that he is unable to render certain legal services, the Governor may employ special counsel or other assistance to render such services as may be necessary.

5. (Repealed effective January 1, 2014) In cases of legal services in civil matters to be performed by the Virginia Office for Protection and Advocacy pursuant to Chapter 8.1 (§ 51.5-39.1 et seq.) of Title 51.5. [Repealed.]

B. The compensation of a special counsel employed pursuant to this section shall not exceed the maximum amount allowable under § 19.2-163, not including any waiver of the limit on that amount, for an attorney appointed by a court to defend a felony charge that may be punishable by confinement in the state correctional facility for a period of more than 20 years.