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2014 Special Session I

Budget Amendments - HB5002 (Floor Approved)

Speaker Authority to Appoint Special Counsel (language only)

Item 4-0.01 #6h

Item 4-0.01 #6h

General Provisions
Operating Policies

Language
Page 454, after line 14 insert:
“e. The Attorney General shall immediately cease and refrain from any involvement of his office in the case of Bostic v. Rainey, Case No. 2:13-cv-395, in the Norfolk Division of the United States District Court for the Eastern District of Virginia, including any appeals in such case. In addition the Attorney General shall cease and refrain from any involvement of his office in any other case in which the constitutionality of Article I, § 15-A of the Constitution of Virginia is challenged. The Speaker of the House of Delegates shall appoint special counsel to represent the Commonwealth in Bostic v. Rainey, including any appeals, to defend the constitutionality of Article I, § 15-A of the Constitution of Virginia.  The Speaker of the House of Delegates shall appoint special counsel to represent the Commonwealth in any future civil matter wherein the Attorney General declines to represent the Commonwealth and the Governor declines to appoint special counsel to render necessary legal services.  The Comptroller shall not issue warrants for the payment of services by the special counsel unless the Speaker has approved requisitions drawn upon the Comptroller for such warrants.  The funds for all such payments for services shall come out of the general fund appropriations for the Office of the Attorney General. No general fund appropriations for the Office of the Attorney General shall be expended by the Attorney General in any civil legal matter in which the Attorney General adopts or advances a legal position or argument that is contrary to the laws or Constitution of the Commonwealth.”


Explanation
(This amendment adds language to require the Attorney General to cease and refrain from any involvement of his office in the case of Bostic v. Rainey and any similar case, and directs the Speaker to appoint special counsel to represent the Commonwealth in such cases. The special counsel's fees shall be paid out of the general fund appropriations of the Office of the Attorney General. In addition, this amendment prohibits the Attorney General from expending general funds advancing a legal position in opposition to the constitution, laws or regulations of the Commonwealth of Virginia.)