H. B. 2268
(By Delegate Lane)
[Introduced January 9, 2008; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §5-3-2 of the Code of West Virginia,
1931, as amended, relating to assignment of cases to private
attorneys by bid; requiring that the Joint Committee on
Government and Finance approve any proposed settlement
involving the Office of the Attorney General; and, providing
that any proceeds received in any civil action involving the
Office of the Attorney General be deposited in the general
revenue fund to be appropriated by the Legislature.
Be it enacted by the Legislature of West Virginia:
That §5-3-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. ATTORNEY GENERAL.
§5-3-2. Act as counsel for state; duties and powers as to
prosecuting attorneys; defense of National Guardsmen.
The Attorney General shall appear as counsel for the state in all causes pending in the Supreme Court of Appeals, or in any
federal court, in which the state is interested; he
or she shall
appear in any cause in which the state is interested that is
pending in any other court in the state, on the written request of
the Governor, and when such appearance is entered he
or she shall
take charge of and have control of such cause; he
or she shall
defend all actions and proceedings against any state officer in his
or her official capacity in any of the courts of this state or any
of the federal courts when the state is not interested in such
cause against such officer, but should the state be interested
against such officer, he
or she shall appear for the state; he
shall institute and prosecute all civil actions and proceedings in
favor of or for the use of the state which may be necessary in the
execution of the official duties of any state officer, board or
commission on the written request of such officer, board or
commission:
Provided, That, notwithstanding any provision of law
to the contrary, he or she shall not enter into any proposed
settlement in any civil action until the Joint Committee on
Government and Finance approves of the settlement: Provided,
however, That any proceeds from any judgment or settlement from any
such civil action shall be deposited into the General Revenue Fund
to be appropriated by the Legislature. In contracting with private
attorneys to pursue legal action on behalf of the state, the
Attorney General shall seek bids from attorneys licensed to practice in this state and shall contract with the best qualified
attorney submitting the lowest bid. He
or she shall, when
requested by the prosecuting attorney of a county wherein a state
institution of correction is located, provide attorneys for
appointment as special prosecuting attorneys to assist the
prosecuting attorney of said county in the prosecution of criminal
proceedings when, in the opinion of the circuit judge of said
county, or a justice of the West Virginia Supreme Court of Appeals,
extraordinary circumstances exist at said institution which render
the financial resources of the office of the prosecuting attorney
inadequate to prosecute said cases; he
or she may consult with and
advise the several prosecuting attorneys in matters relating to the
official duties of their office, and may require a written report
from them of the state and condition of the several causes, in
which the state is a party, pending in the courts of their
respective counties; he
or she may require the several prosecuting
attorneys to perform, within the respective counties in which they
are elected, any of the legal duties required to be performed by
the Attorney General which are not inconsistent with the duties of
the prosecuting attorneys as the legal representatives of their
respective counties; when the performance of any such duties by the
prosecuting attorney conflicts with his
or her duties as the legal
representative of his
or her county, or for any reason any
prosecuting attorney is disqualified from performing such duties, the Attorney General may require the prosecuting attorney of any
other county to perform such duties in any county other than that
in which such prosecuting attorney is elected and for the
performance of which duties outside of the county in which he
or
she is elected the prosecuting attorney shall be paid his
or her
actual traveling and other expenses out of the appropriation for
contingent expenses for the department for which such services are
rendered; the Attorney General shall keep in proper books, a
register of all causes prosecuted or defended by him
or her in
behalf of the state or its officers and of the proceedings had in
relation thereto, and deliver the same to his
or her successor in
office; and he
or she shall preserve in his
or her office all his
official opinions and publish the same in his
or her biennial
report.
Upon request of any member of the West Virginia National Guard
who has been named defendant in any civil action arising out of
that guardsman's action while under orders from the Governor
relating to National Guard assistance in disasters and civil
disorders, the Attorney General shall appear as counsel for and
represent such guardsman.
NOTE: The purpose of this bill is to require that the Joint
Committee on Government and Finance approve any proposed settlement
involving the Office of the Attorney General while, additionally,
providing that any proceeds received in any civil action involving
the Office of the Attorney General be deposited in the General
Revenue Fund to be appropriated by the Legislature. In addition, the bill requires that the Attorney General seek bids from private
attorneys when seeking outside legal assistance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.