Bill Text: MS HB883 | 2014 | Regular Session | Introduced
Bill Title: Statewide elected agency heads; authorize to hire outside counsel.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB883 Detail]
Download: Mississippi-2014-HB883-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representative Baker
House Bill 883
AN ACT TO AUTHORIZE STATEWIDE ELECTED AGENCY HEADS TO EMPLOY OUTSIDE COUNSEL FOR CERTAIN CASES; TO AMEND SECTION 7-5-39, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any statewide elected agency head shall have, at his or her discretion, the authority to employ outside counsel to handle civil cases in which the recovery sought is One Million Dollars ($1,000,000.00) or less.
SECTION 2. Section 7-5-39, Mississippi Code of 1972, is amended as follows:
7-5-39. (1) Except as otherwise provided by law and by Section 1 of this act, the Attorney General shall represent the state, in person or by his assistant, as counsel in all suits against the state in other courts or the Supreme Court at the seat of government, and he shall, in like manner, act as counsel for any of the state officers in suits brought by or against them in their official capacity, touching any official duty or trust.
(2) No civil legal action on behalf of the state, any arm or agency of the state, or any statewide elected officer acting in his official capacity may be taken until seven (7) working days' written notice of the proposed legal action is given to the statewide elected officer or proper person in charge of the arm or agency unless irreparable injury to the state would result by waiting for the expiration of the seven-day period.
(3) (a) The Attorney General shall authorize retention of independent counsel from outside his office by an arm or agency of the state or a statewide elected officer acting in his official capacity if the Attorney General declines representation when requested.
(b) (i) The Attorney General shall authorize retention of independent counsel from outside his office by an arm or agency of the state or a statewide elected officer acting in his official capacity and shall withdraw from representation of the arm or agency of the state or the statewide elected officer if there is a significant disagreement with the Attorney General as to the legal strategy to be used in the matter, and the Outside Counsel Oversight Commission has first approved the retention of outside counsel.
(ii) If an arm or agency of the state or statewide elected officer acting in his official capacity retains outside counsel under this subsection (3), the counsel shall be selected by the arm or agency of the state or the statewide elected officer. Fees of counsel employed on a fee basis shall not exceed recognized bar rates for similar services; any contract for outside counsel employed on a contingency fee basis shall conform to the provisions of Section 7-5-8.
(4) The Attorney General may pursue the collection of any claim or judgment in favor of the state outside of the state.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
