IC 4-6-5
Chapter 5. Deputies.Employment of Counsel by State Agencies
Forbidden Without Consent of Attorney General
IC 4-6-5-1 Power to appoint and assign deputy attorneys general; removal
from office
Sec. 1. The attorney-general of the state of Indiana shall have the
sole right and power to appoint all necessary deputy
attorneys-general, and to assign any deputy so appointed to any
agency of the state of Indiana to perform in behalf of such agency
and the state any and all of the rights, powers or duties now or
hereafter conferred by law or laws upon the attorney-general, or done
by any attorney, counsellor, or deputy attorney-general for such
agency. The attorney-general shall have the power and authority to
remove 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 any
agency than may be required by the work of such assignment, nor
shall any deputy be appointed who is not a competent attorney. Each
deputy shall take and subscribe an oath of office to be administered
in the usual form by an officer authorized to administer oaths, which
oath shall be kept on file with the attorney-general. It shall be the
duty of the attorney-general and such deputy to co-operate and advise
with such agency concerning the duties and legal work to be
performed, but such deputy shall be under the direction and control
of the attorney-general. (Formerly: Acts 1943, c.70, s.2.)
IC 4-6-5-3 Written consent; employment of attorneys or special general
counsel
Sec. 3. No agency, except as provided in this chapter, shall have
any right to name, appoint, employ, or hire any attorney or special or
general counsel to represent it or perform any legal service in behalf
of such agency and the state without the written consent of the
attorney 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Repealed
(Repealed by Acts 1977, P.L.27, SEC.5.)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Repealed
(Repealed by Acts 1977, P.L.27, SEC.5.)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 practice
law therein.
(b) The term "agency", whenever used in this chapter, means and
includes any board, bureau, commission, department, agency, or
instrumentality of the state of Indiana; provided, however, this
chapter 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, as
distinguished from the state of Indiana, or its agencies.
(3) A substantial part of the duties is in collecting and
maintaining statistical information and a legislative reference
library.
(4) A constitutional officer of the state is by law made a board,
bureau, commission, department, agency, or instrumentality of
the state of Indiana. (Formerly: Acts 1943, c.70, s.6; Acts 1965, c.293, s.1.) As amended
by P.L.5-1984, SEC.22.
IC 4-6-5
Chapter 5. Deputies.Employment of Counsel by State Agencies
Forbidden Without Consent of Attorney General
IC 4-6-5-1 Power to appoint and assign deputy attorneys general; removal
from office
Sec. 1. The attorney-general of the state of Indiana shall have the
sole right and power to appoint all necessary deputy
attorneys-general, and to assign any deputy so appointed to any
agency of the state of Indiana to perform in behalf of such agency
and the state any and all of the rights, powers or duties now or
hereafter conferred by law or laws upon the attorney-general, or done
by any attorney, counsellor, or deputy attorney-general for such
agency. The attorney-general shall have the power and authority to
remove 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 any
agency than may be required by the work of such assignment, nor
shall any deputy be appointed who is not a competent attorney. Each
deputy shall take and subscribe an oath of office to be administered
in the usual form by an officer authorized to administer oaths, which
oath shall be kept on file with the attorney-general. It shall be the
duty of the attorney-general and such deputy to co-operate and advise
with such agency concerning the duties and legal work to be
performed, but such deputy shall be under the direction and control
of the attorney-general. (Formerly: Acts 1943, c.70, s.2.)
IC 4-6-5-3 Written consent; employment of attorneys or special general
counsel
Sec. 3. No agency, except as provided in this chapter, shall have
any right to name, appoint, employ, or hire any attorney or special or
general counsel to represent it or perform any legal service in behalf
of such agency and the state without the written consent of the
attorney 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 practice
law therein.
(b) The term "agency", whenever used in this chapter, means and
includes any board, bureau, commission, department, agency, or
instrumentality of the state of Indiana; provided, however, this
chapter 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, as
distinguished from the state of Indiana, or its agencies.
(3) A substantial part of the duties is in collecting and
maintaining statistical information and a legislative reference
library.
(4) A constitutional officer of the state is by law made a board,
bureau, commission, department, agency, or instrumentality of
the state of Indiana. (Formerly: Acts 1943, c.70, s.6; Acts 1965, c.293, s.1.) As amended
by P.L.5-1984, SEC.22.
IC 4-6-5
Chapter 5. Deputies.Employment of Counsel by State Agencies
Forbidden Without Consent of Attorney General
IC 4-6-5-1 Power to appoint and assign deputy attorneys general; removal
from office
Sec. 1. The attorney-general of the state of Indiana shall have the
sole right and power to appoint all necessary deputy
attorneys-general, and to assign any deputy so appointed to any
agency of the state of Indiana to perform in behalf of such agency
and the state any and all of the rights, powers or duties now or
hereafter conferred by law or laws upon the attorney-general, or done
by any attorney, counsellor, or deputy attorney-general for such
agency. The attorney-general shall have the power and authority to
remove 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 any
agency than may be required by the work of such assignment, nor
shall any deputy be appointed who is not a competent attorney. Each
deputy shall take and subscribe an oath of office to be administered
in the usual form by an officer authorized to administer oaths, which
oath shall be kept on file with the attorney-general. It shall be the
duty of the attorney-general and such deputy to co-operate and advise
with such agency concerning the duties and legal work to be
performed, but such deputy shall be under the direction and control
of the attorney-general. (Formerly: Acts 1943, c.70, s.2.)
IC 4-6-5-3 Written consent; employment of attorneys or special general
counsel
Sec. 3. No agency, except as provided in this chapter, shall have
any right to name, appoint, employ, or hire any attorney or special or
general counsel to represent it or perform any legal service in behalf
of such agency and the state without the written consent of the
attorney 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 practice
law therein.
(b) The term "agency", whenever used in this chapter, means and
includes any board, bureau, commission, department, agency, or
instrumentality of the state of Indiana; provided, however, this
chapter 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, as
distinguished from the state of Indiana, or its agencies.
(3) A substantial part of the duties is in collecting and
maintaining statistical information and a legislative reference
library.
(4) A constitutional officer of the state is by law made a board,
bureau, commission, department, agency, or instrumentality of
the state of Indiana. (Formerly: Acts 1943, c.70, s.6; Acts 1965, c.293, s.1.) As amended
by P.L.5-1984, SEC.22.
