Bill Text: CA AB471 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Legal services.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2010-09-25 - Vetoed by Governor. [AB471 Detail]

Download: California-2009-AB471-Amended.html

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BILL NUMBER: AB 471	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 24, 2009

   An act to amend Sections 11040 and 11042 of, and to add Sections
11042.1, 11042.2, 11042.3, and 11046 to, the Government Code,
relating to legal services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 471, as amended, Nava. Legal services.
   Existing law requires certain state entities to obtain written
consent from the Attorney General before employing legal counsel in
any judicial proceeding.
   This bill would recast these provisions, define terms for their
purposes, and state several factors the Attorney General may consider
when considering consenting to a state agency, commissioner, or
officer employing in-house counsel or outside counsel, as defined.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11040 of the Government Code is amended to
read:
   11040.  (a) This article does not affect the right of any state
agency or employee to employ counsel in any matter of the state,
after first having obtained the written consent of the Attorney
General.
   (b) It is the intent of the Legislature that overall efficiency
and economy in state government be enhanced by employment of the
Attorney General as counsel for the representation of state agencies
and employees in judicial and other proceedings.
   The Legislature finds that it is in the best interests of the
people of the State of California that the Attorney General be
provided with the resources needed to develop and maintain the
Attorney General's capability to provide competent legal
representation of state agencies and employees in any judicial
proceeding.
   (c) Except with respect to employment by the state officers and
agencies specified by title or name in Section 11041 or when
specifically waived by statute other than Section 11041, the written
consent of the Attorney General is required prior to employment of
outside counsel for representation of any state agency or 
employee in any judicial or other proceeding.  
employee. 
  SEC. 2.  Section 11042 of the Government Code is amended to read:
   11042.  A state agency, commissioner, or officer may employ
in-house legal counsel to provide legal  advice 
 services  . However,  except as otherwise specifically
provided in this article or another statute,  only the Attorney
General, or one of his or her assistants or deputies, shall represent
a state agency, commissioner, or officer in  relation to  a
judicial or other proceeding in which the agency, commissioner, or
officer is interested, or is a party as a result of office or
official duties, unless express written consent is given by the
Attorney General  to employ in-house counsel  .
  SEC. 3.  Section 11042.1 is added to the Government Code, to read:

   11042.1.  Nothing in this article prohibits the Attorney General
from providing a state agency, commissioner, or officer, with legal
advice outside the context of a judicial or other proceeding, as
defined in Section 11046. 
    11042.1.   Nothing in this article prohibits a state
agency, commission, or officer from obtaining legal services from the
Attorney General that are unrelated to a judicial or other
proceeding.
  SEC. 4.  Section 11042.2 is added to the Government Code, to read:
   11042.2.  When the Attorney General consents to a state agency,
commissioner, or officer employing in-house counsel or outside
counsel in a judicial or other proceeding, the Attorney General
 shall retain authority to   may  intervene
in the proceeding or appear as amicus curiae to the extent permitted
by  law   the court .
  SEC. 5.  Section 11042.3 is added to the Government Code, to read:
   11042.3.  In determining whether to give consent to a state
agency, commissioner, or officer to employ in-house counsel or
outside counsel in a judicial or other proceeding, and the extent of
such consent, the Attorney General may consider the factors of
conflicts of interest, the staffing needs of the Office of the
Attorney General, and the availability of subject matter expertise.
  SEC. 6.  Section 11046 is added to the Government Code, to read:
   11046.  For purposes of this article and unless otherwise
specifically stated, the following definitions shall apply:
   (a) "In-house counsel" means a licensed attorney employed in
 state service by a state agency and represented by State
Bargaining Unit 2.   state service by a state agency,
commissioner, or officer. 
   (b) "Judicial  and other proceedings"   or
other   proceeding"  means litigation in a civil court,
an administrative adjudicatory proceeding governed by the
Administrative Procedure Act (Chapter 4 (commencing with Section
11370)) or by the United States Administrative Procedure Act (5
U.S.C. 551, et seq.), or an arbitration proceeding. 
Administrative adjudic   atory proceedings before the State
Personnel Board, the Department of Personnel Administration, or the
Unemployment Insurance Appeals Board are exempt from this definition.
 
   (c) "Outside counsel" means an attorney licensed to practice law
that does not otherwise meet the definition of subdivision (a).
 
   (c) "Outside counsel" means a licensed attorney engaged in the
private practice of law.