25.1289.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives O'Brien, McLeod, Satrom, Nelson, Bahl
Senators Lee, Roers
A BILL for an Act to amend and reenact section 54-12-08 of the North Dakota Century Code,
relating to special assistant attorney generals.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 54-12-08 of the North Dakota Century Code is
amended and reenacted as follows:
54-12-08. Assistant and special assistant attorneys general - Appointment -
Revocation - Compensation.
1.AfterExcept as provided under subsection 2, after consultation with the head of the
state department or institution or with the state board, commission, committee, or
agency affected, the attorney general may appoint assistant or special assistant
attorneys general to represent the state board, commission, committee, or agency.
a.A state officer, head of any state department, whether elected or appointed, or
state department, board, commission, committee, or agency may not employ
legal counsel, and no person may act as legal counsel in any matter, action, or
proceeding in which the state or any state department, board, commission,
committee, or agency is interested or is a party, except upon written appointment
by the attorney general.
b.Workforce safety and insurance, the department of transportation, the state tax
commissioner, the public service commission, the insurance commissioner, the
agriculture commissioner, and the securities commissioner may employ attorneys
to represent them. These entities shall pay the salaries and expenses of the
attorneys they employ within the limits of legislative appropriations.
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c.The attorneys that represent these entities must be special assistant attorneys
general appointed by the attorney general pursuant to this section. Absent good
cause, the attorney general shall appoint as special assistant attorneys general
licensed attorneys selected by these entities. The attorney general may revoke
the appointment only for good cause orand upon the request of the entity. Good
cause means an inadequate level of experience, competence, or ethical
standards.
2.Notwithstanding any other provisions of this section, the attorney general may not
refuse to appoint a special attorney general and may not revoke the appointment of a
special assistant attorney general licensed to practice law in the state, in good
standing, and employed by the:
a.Governor;
b.Agriculture commissioner;
c.State auditor;
d.Insurance commissioner;
e.Public service commissioner;
f.Secretary of state;
g.Superintendent of public instruction;
h.Tax commissioner; or
i.State treasurer.
3.The powers conferred upon special assistant attorneys general are the same as are
exercised by the regular assistant attorneys general, unless the powers are limited
specifically by the terms of the appointment. Except as otherwise provided by this
section, an appointment is revocable at the pleasure of the attorney general. The
appointment may be made with or without compensation, and when compensation is
allowed by the attorney general for services performed, the compensation must be
paid out of the funds appropriated therefor.
3.4.The attorney general may require payment for legal services rendered by any
assistant or special assistant attorney general to any state official, board, department,
agency, or commission and those entities shall make the required payment to the
attorney general. Moneys received by the attorney general in payment for legal
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services rendered must be deposited into the attorney general's operating fund.
General fund moneys may not be utilized for the payment of legal services provided by
the attorneys employed by the attorney general, except for those payments required of
the department of health and human services, department of environmental quality,
and the state hospital.
4.5.An assistant or special assistant attorney general appointed to represent the state
board of higher education or an institution under the control of the state board of
higher education may access and examine any record under the control of the state
board of higher education. For purposes of reviewing records under the Family
Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal
privacy law, the assistant or special assistant attorney general is considered a state
educational official authorized to access student records.
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