CHAPTER 5. DEPUTIES.EMPLOYMENT OF COUNSEL BY STATE AGENCIES FORBIDDEN WITHOUT CONSENT OF ATTORNEY GENERAL
IC 4-6-5
Chapter 5. Deputies.Employment of Counsel by State AgenciesForbidden Without Consent of Attorney General
IC 4-6-5-1
Power to appoint and assign deputy attorneys general; removalfrom office
Sec. 1. The attorney-general of the state of Indiana shall have thesole right and power to appoint all necessary deputyattorneys-general, and to assign any deputy so appointed to anyagency of the state of Indiana to perform in behalf of such agencyand the state any and all of the rights, powers or duties now orhereafter conferred by law or laws upon the attorney-general, or doneby any attorney, counsellor, or deputy attorney-general for suchagency. The attorney-general shall have the power and authority toremove any deputy at any time.
(Formerly: Acts 1943, c.70, s.1.)
IC 4-6-5-2
Qualifications; oath; direction and control
Sec. 2. No more deputies shall be appointed and assigned to anyagency than may be required by the work of such assignment, norshall any deputy be appointed who is not a competent attorney. Eachdeputy shall take and subscribe an oath of office to be administeredin the usual form by an officer authorized to administer oaths, whichoath shall be kept on file with the attorney-general. It shall be theduty of the attorney-general and such deputy to co-operate and advisewith such agency concerning the duties and legal work to beperformed, but such deputy shall be under the direction and controlof the attorney-general.
(Formerly: Acts 1943, c.70, s.2.)
IC 4-6-5-3
Written consent; employment of attorneys or special generalcounsel
Sec. 3. No agency, except as provided in this chapter, shall haveany right to name, appoint, employ, or hire any attorney or special orgeneral counsel to represent it or perform any legal service in behalfof such agency and the state without the written consent of theattorney general.
(Formerly: Acts 1943, c.70, s.3.) As amended by P.L.5-1984, SEC.21.
IC 4-6-5-4
Repealed
(Repealed by Acts 1977, P.L.27, SEC.5.)
IC 4-6-5-5
Repealed
(Repealed by Acts 1977, P.L.27, SEC.5.)
IC 4-6-5-6
Definitions; exemptions from act
Sec. 6. (a) The term "competent attorney", as used in this chapter,means a citizen of this state who has been duly licensed to practicelaw therein.
(b) The term "agency", whenever used in this chapter, means andincludes any board, bureau, commission, department, agency, orinstrumentality of the state of Indiana; provided, however, thischapter shall not be construed to apply where:
(1) An appointee has by law duties of a quasi-judicial nature.
(2) Counsel by law is required to represent the public, asdistinguished from the state of Indiana, or its agencies.
(3) A substantial part of the duties is in collecting andmaintaining statistical information and a legislative referencelibrary.
(4) A constitutional officer of the state is by law made a board,bureau, commission, department, agency, or instrumentality ofthe state of Indiana.
(Formerly: Acts 1943, c.70, s.6; Acts 1965, c.293, s.1.) As amendedby P.L.5-1984, SEC.22.