Senate
Study
Bill
3078
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
the
employment
of
legal
counsel
in
a
pending
1
action
or
proceeding
to
protect
the
interests
of
the
state.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
13.7,
subsection
1,
Code
2014,
is
amended
1
to
read
as
follows:
2
1.
a.
Compensation
shall
not
be
allowed
to
any
person
for
3
services
as
an
attorney
or
counselor
to
an
executive
department
4
of
the
state
government,
or
the
head
of
an
executive
department
5
of
state
government,
or
to
a
state
board
or
commission.
6
However,
the
executive
council
may
authorize
employment
of
7
legal
assistance,
at
a
reasonable
compensation,
in
a
pending
8
action
or
proceeding
to
protect
the
interests
of
the
state,
9
but
only
upon
a
sufficient
showing,
in
writing,
made
by
the
10
attorney
general,
that
the
department
of
justice
cannot
for
11
reasons
stated
by
the
attorney
general
perform
the
service.
12
The
reasons
and
action
of
the
council
shall
be
entered
upon
its
13
records.
14
b.
If
the
attorney
general
determines
that
the
department
15
of
justice
cannot
perform
legal
service
in
an
action
or
16
proceeding,
the
executive
council
shall
request
the
department
17
involved
in
the
action
or
proceeding
to
recommend
legal
counsel
18
to
represent
the
department
and
shall
require
the
department
19
to
submit
a
statement
from
legal
counsel
concerning
the
legal
20
counsel’s
estimated
legal
fees
.
21
(1)
If
the
attorney
general
concurs
with
the
department
22
that
the
person
legal
counsel
recommended
is
qualified
and
23
suitable
to
represent
the
department,
the
person
legal
counsel
24
recommended
shall
be
employed.
Once
employment
has
begun,
the
25
legal
counsel’s
legal
fees
shall
not
exceed
the
estimated
legal
26
fees
without
prior
approval
of
the
executive
council.
27
(2)
If
the
attorney
general
does
not
concur
in
28
the
recommendation,
the
department
shall
submit
a
new
29
recommendation.
30
c.
This
subsection
does
not
affect
the
general
counsel
for
31
the
utilities
board
of
the
department
of
commerce,
the
legal
32
counsel
of
the
department
of
workforce
development,
or
the
33
general
counsel
for
the
property
assessment
appeal
board.
34
EXPLANATION
35
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
Code
section
13.7
provides
the
executive
council
(comprised
3
of
the
governor,
secretary
of
state,
auditor,
treasurer,
and
4
secretary
of
agriculture)
with
the
authority
to
authorize
5
employment
of
certain
outside
legal
assistance,
at
a
reasonable
6
compensation
in
a
pending
action
or
proceeding
to
protect
7
the
interests
of
the
state,
upon
a
sufficient
showing
by
the
8
attorney
general
that
the
department
of
justice
cannot
perform
9
the
service.
If
the
attorney
general
determines
that
the
10
department
of
justice
cannot
perform
legal
service
in
an
action
11
or
proceeding,
the
executive
council
requires
the
department
12
involved
in
the
action
or
proceeding
to
recommend
legal
counsel
13
to
represent
the
department.
This
bill
requires
the
department
14
to
submit
a
statement
from
legal
counsel
concerning
the
legal
15
counsel’s
estimated
legal
fees
in
this
situation.
If
legal
16
counsel
is
employed,
the
legal
counsel’s
legal
fees
shall
not
17
exceed
the
estimated
legal
fees
without
prior
approval
of
the
18
executive
council.
19
The
bill
does
not
apply
to
the
general
counsel
for
the
20
utilities
board
of
the
department
of
commerce,
the
legal
21
counsel
of
the
department
of
workforce
development,
or
the
22
general
counsel
for
the
property
assessment
appeal
board
(Code
23
section
13.7(1)),
and
the
executive
branch
and
the
attorney
24
general
are
required
to
comply
with
the
procedural
requirements
25
of
Code
chapter
23B
(transparency
in
private
attorney
26
contracts)
when
retaining
legal
counsel
on
a
contingency
fee
27
basis.
28
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