Introduced Version
House Bill 2139 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2139
(By Delegate Lane)
[Introduced February 13, 2013; 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 assignment of cases to private
attorneys by bid; 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 the Attorney
General 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 an appearance is entered he
the Attorney General shall take charge of and have control of such
the cause; he the Attorney General shall defend all actions and
proceedings against any state officer in his or her official
capacity in any of the courts of this state or any of the federal
courts when the state is not interested in such the cause against
such the officer, but should the state be interested against such
the officer, he the Attorney General shall appear for the state; he
the Attorney General 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 the officer, board or commission. Notwithstanding any
provision of law to the contrary, the Attorney General shall not
enter into any proposed settlement in any civil action until the
Joint Committee on Government and Finance approves of the
settlement. Also, any proceeds from any judgment or settlement
from any civil action shall be deposited into the General Revenue
Fund to be appropriated by the Legislature. In contracting with private attorneys to pursue legal action on behalf of the state,
the Attorney General shall seek bids from attorneys licensed to
practice in this state and shall contract with the best qualified
attorney submitting the lowest bid. he The Attorney General 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 the county in the prosecution of
criminal proceedings when, in the opinion of the circuit judge of
said the county, or a justice of the West Virginia Supreme Court of
Appeals, extraordinary circumstances exist at said the institution
which render the financial resources of the office of the
prosecuting attorney inadequate to prosecute said the cases; he the
Attorney General 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 the
Attorney General 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 or her duties as the legal
representative of his or her 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 the duties in any county other than
that in which such the prosecuting attorney is elected and for the
performance of which duties outside of the county in which he or
she is elected the prosecuting attorney shall be paid his or her
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 or her in
behalf of the state or its officers and of the proceedings had in
relation thereto, and deliver the same to his or her successor in
office; and he the Attorney General shall preserve in his or her
office all his official opinions of the office of the Attorney
General and publish the same in his or her 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 the 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. In addition,
the bill requires that the Attorney General seek bids from private
attorneys when seeking outside legal assistance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.