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2015 SESSION

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SB 1059 Special counsel; employment by Attorney General or Governor, requirements.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Office of the Attorney General; employment of special counsel. Provides that when entering into a contract with special counsel, the Office of the Governor or Office of the Attorney General, as applicable, must make a copy of the contract available to the public on the website of the Governor or the Attorney General. However, the Attorney General may temporarily not disclose such information upon making a written determination that such action is necessary to protect attorney-client or otherwise privileged information or that immediate disclosure of the existence of special counsel, or any other sensitive information, could compromise the initiation, handling, or conclusion of any investigation or case matter handled by the Attorney General or special counsel and might put the Commonwealth and its citizens at a disadvantage. The bill also provides that prior to entering into a contract with special counsel, the Attorney General must make a written determination that the representation is both cost effective and in the public interest. In addition, the bill (i) requires the Governor and the Attorney General to submit an annual report to the General Assembly describing the use of contracts for special counsel, (ii) provides that the Attorney General, or counsel to the Governor in cases in which the Attorney General has a conflict, shall retain control over special counsel, and (iii) limits the contingency fee that may be charged by special counsel depending on the amount recovered.

SUMMARY AS PASSED SENATE:

Office of the Attorney General; employment of special counsel. Provides that when entering into a contract with special counsel, the Office of the Governor or Office of the Attorney General, as applicable, must make a copy of the contract available to the public on the website of the Governor or the Attorney General. The bill also provides that prior to entering into a contract with special counsel, the Office of the Attorney General must make a written determination that the representation is both cost effective and in the public interest. In addition, the bill (i) requires the Governor and the Attorney General to submit an annual report to the General Assembly describing the use of contracts for special counsel, (ii) provides that the Attorney General, or counsel to the Governor in cases in which the Attorney General has a conflict, shall retain control over special counsel, and (iii) limits the contingency fee that may be charged by special counsel depending on the amount recovered.

SUMMARY AS INTRODUCED:

Office of the Attorney General; employment of special counsel. Provides that prior to entering into a contract with special counsel, the Governor or Office of the Attorney General, as applicable, shall make a written determination that the representation is both cost effective and in the public interest. Copies of the contract shall be made available to the public on the website of the Governor or the Attorney General, and the Governor and the Attorney General shall submit an annual report to the General Assembly describing the use of contracts for special counsel. The bill further provides that the Attorney General, or counsel to the Governor in cases in which the Attorney General has a conflict, shall retain control over special counsel and that special counsel shall maintain financial records relevant to the contract for no less than four years after the contract is ended. The bill also limits the contingency fee that may be charged by special counsel depending on the amount recovered.