13.7 - SPECIAL COUNSEL.
13.7 SPECIAL COUNSEL.
Compensation shall not be allowed to any person for services as an
attorney or counselor to an executive department of the state
government, or the head thereof, or to a state board or commission.
However, the executive council may employ legal assistance, at a
reasonable compensation, in a pending action or proceeding to protect
the interests of the state, but only upon a sufficient showing, in
writing, made by the attorney general, that the department of justice
cannot for reasons stated by the attorney general perform the
service, which reasons and action of the council shall be entered
upon its records. When the attorney general determines that the
department of justice cannot perform legal service in an action or
proceeding, the executive council shall request the department
involved in the action or proceeding to recommend legal counsel to
represent the department. If the attorney general concurs with the
department that the person recommended is qualified and suitable to
represent the department, the person recommended shall be employed.
If the attorney general does not concur in the recommendation, the
department shall submit a new recommendation. This section does not
affect the general counsel for the utilities board of the department
of commerce, the legal counsel of the department of workforce
development, or the general counsel for the property assessment
appeal board. Section History: Early Form
[S13, § 208-b; C24, 27, 31, 35, 39, § 152; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, § 13.7; 81 Acts, ch 22, § 1] Section History: Recent Form
83 Acts, ch 127, § 1; 96 Acts, ch 1186, § 23; 2005 Acts, ch 150,
§120
Referred to in § 8F.2, 68B.32, 252B.7, 262.9 Footnotes
For future repeal, effective July 1, 2013, of 2005 amendments to
this section, see 2005 Acts, ch 150, §134