H. B. 4835
(By Delegates Lane, Overington, Walters, Sobonya,
Blair, Sumner, Trump, Armstead and Carmichael)
[Introduced February 24, 2006; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §5-3-2 of the Code of West Virginia,
1931, as amended, relating to 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 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 shall take charge of and
have control of such cause; he shall defend all actions and
proceedings against any state officer in his 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 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. He
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 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 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
duties as the legal representative of his 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 is
elected the prosecuting attorney shall be paid his 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 in behalf of the state or its
officers and of the proceedings had in relation thereto, and
deliver the same to his successor in office; and he shall preserve
in his office all his official opinions and publish the same in his 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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.