REFERENCE TITLE: attorney general; outside counsel fees
State of Arizona
Second Regular Session
Senators Murphy, Yarbrough
amending sections 41‑191 and 41‑191.01, Arizona Revised Statutes; relating to the attorney general and the department of law.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-191, Arizona Revised Statutes, is amended to read:
41-191. Attorney general; qualifications; salary; assistants; fees; exceptions; outside counsel
A. The attorney general shall have been for not less than five years immediately preceding the date of taking office a practicing attorney before the supreme court of the state. He The attorney general is entitled to receive an annual salary pursuant to section 41‑1904.
B. The attorney general and his the attorney general's assistants shall devote full time to the duties of the office and shall not directly or indirectly engage in the private practice of law or in an occupation conflicting with such duties, except:
1. Such prohibition shall not apply to special assistants, except that in no instance shall special assistants engage in any private litigation in which the state or an officer thereof in his official capacity is a party.
2. Assistant attorney attorneys general may, but in no circumstances shall be required to, represent private clients in pro bono, private civil matters under the following circumstances:
(a) The representation will be conducted exclusively during off hours or while on leave and the attorney will not receive any compensation for such services.
(b) The client is not seeking an award of attorney fees for the services.
(c) The services are for an individual in need of personal legal services who does not have the financial resources to pay for the professional services or for a nonprofit, tax‑exempt charitable organization formed for the purpose of providing social services to individuals and families.
(d) The representation will not interfere with the performance of any official duties.
(e) The subject matter of pro bono representation is outside of the area of practice to which the attorney is assigned in the attorney general's office and the activity will not appear to create a conflict of interest.
(f) The activity will not reflect adversely on this state or any of its agencies.
(g) The assistant attorney general's position will not influence or appear to influence the outcome of any matter.
(h) The activity will not involve assertions that are contrary to the interest or position of this state or any of its agencies.
(i) The activity does not involve a criminal matter or proceeding or any matter in which this state is a party or has a direct or substantial interest.
(j) The activity will not utilize resources that will result in a cost to this state or any of its agencies.
(k) The attorney's supervisor may require the attorney to submit a prior written request to engage in pro bono work which that includes a provision holding the agency harmless from any of the work undertaken by the attorney.
C. The attorney general may also, within the limits of appropriations made therefor, employ attorneys for particular cases upon on a fixed fee basis, who shall be exempt from the restrictions imposed by this section upon regular or special assistants. at a reasonable hourly rate not to exceed the prevailing hourly rate in this state and within the limits of appropriations, or on a contingent fee basis, at a reasonable hourly rate to be set by the court in which the case is pending subject to the limitations set forth in section 41‑4803. such fees are contingent on and payable solely out of the recovery obtained in suits so instituted.
D. The attorney general may also, in suits to enforce state or federal statutes pertaining to antitrust, restraint of trade, or price‑fixing activities or conspiracies, employ counsel on a fixed fee basis, not to exceed an hourly rate of fifty dollars per hour, such fee to be contingent upon and payable solely out of the recovery obtained in suits so instituted, except that where the court in which the case is pending has the authority to set a fee in conjunction with a given case, and does so set a fee, the court awarded fee shall be paid in lieu of the fee provided in this section. Employment and payment of counsel under this subsection shall not be subject to the limitations imposed by title 35, nor shall counsel so employed be subject to the limitations on private practice or litigation imposed upon on regular or special assistants.
E. D. If the attorney general determines that legal action is reasonably necessary in order to collect a debt owed to this state or its agencies, boards, departments or commissions, the attorney general may retain or employ counsel to collect the debt. Counsel retained or employed by the attorney general shall account for the entire amount collected. A person retained as counsel under this subsection is not subject to the limitations on private practice or litigation applicable to regular or special assistants.
E. Notwithstanding any provision of law or rule to the contrary, representation by an attorney of a pro bono client under subsection B, paragraph 2 of this section shall not disqualify the office from subsequently participating in any action affecting the client.
Sec. 2. Section 41-191.01, Arizona Revised Statutes, is amended to read:
41-191.01. Procedure on recovery of money for antitrust violations
A. When money is recovered for the state, its agencies, or its departments, commissions or subdivisions by the attorney general as a result of the enforcement of either state or federal statutes pertaining to antitrust, restraint of trade, or price‑fixing activities or conspiracies, whether by final judgment, settlement or otherwise, the funds shall be deposited in the fund created in section 41‑191.02.
B. After the payment of any attorney's fee attorney fees provided for by section 41-191, subsection D of section 41‑191 c and the crediting to the revolving fund established by section 41‑191.02 of an amount equal to ten per cent of the monies so deposited or the actual costs and expenses expended to recover the particular money so deposited, whichever is greater, the remainder of the recovery shall be deposited in the general fund of the state, unless the recovery or a portion thereof, was on behalf of a special or trust fund, in which event the money should be deposited in such special or trust fund or unless the recovery was on behalf of a political subdivision of the state, in which event the remainder of the recovery shall be transmitted to the treasurer of such political subdivision for deposit in its general fund.