California Assembly Bill AB471 Amended / Bill

 BILL NUMBER: AB 471AMENDED 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.