State Codes and Statutes
Statutes > Utah > Title-63g > Chapter-07 > 63g-7-90163G-7-901. Expenses of attorney general, general counsel for state judiciary, andgeneral counsel for the Legislature in representing the state, its branches, members, oremployees.
(1) (a) The Office of the Attorney General has primary responsibility to provide legalrepresentation to the judicial, executive, and legislative branches of state government in caseswhere coverage under the Risk Management Fund created by Section 63A-4-201 applies.
(b) When the attorney general has primary responsibility to provide legal representationto the judicial or legislative branches, the attorney general shall consult with the general counselfor the state judiciary and with the general counsel for the Legislature, to solicit their assistancein defending their respective branch, and in determining strategy and making decisionsconcerning the disposition of those claims.
(c) Notwithstanding Subsection (1)(b), the decision for settlement of monetary claims inthose cases lies with the attorney general and the state risk manager.
(2) (a) If the Judicial Council, after consultation with the general counsel for the statejudiciary, determines that the Office of the Attorney General cannot adequately defend the statejudiciary, its members, or employees because of a conflict of interest, separation of powersconcerns, or other political or legal differences, the Judicial Council may direct its generalcounsel to separately represent and defend it.
(b) If the general counsel for the state judiciary undertakes independent legalrepresentation of the state judiciary, its members, or employees, the general counsel shall notifythe state risk manager and the attorney general in writing before undertaking that representation.
(c) If the state judiciary elects to be represented by its own counsel under this section, thedecision for settlement of claims against the state judiciary, its members, or employees, whereRisk Management Fund coverage applies, lies with the general counsel for the state judiciary andthe state risk manager.
(3) (a) If the Legislative Management Committee, after consultation with the generalcounsel for the Legislature, determines that the Office of the Attorney General cannot adequatelydefend the legislative branch, its members, or employees because of a conflict of interest,separation of powers concerns, or other political or legal differences, the LegislativeManagement Committee may direct its general counsel to separately represent and defend it.
(b) If the general counsel for the Legislature undertakes independent legal representationof the Legislature, its members, or employees, the general counsel shall notify the state riskmanager and the attorney general in writing before undertaking that representation.
(c) If the legislative branch elects to be represented by its own counsel under this section,the decision for settlement of claims against the legislative branch, its members, or employees,where Risk Management Fund coverage applies, lies with the general counsel for the Legislatureand the state risk manager.
(4) (a) Notwithstanding the provisions of Section 67-5-3 or any other provision of theUtah Code, the attorney general, the general counsel for the state judiciary, and the generalcounsel for the Legislature may bill the Department of Administrative Services for all costs andlegal fees expended by their respective offices, including attorneys' and secretarial salaries, inrepresenting the state or any indemnified employee against any claim for which the RiskManagement Fund may be liable and in advising state agencies and employees regarding any ofthose claims.
(b) The risk manager shall draw funds from the Risk Management Fund for this purpose.
Renumbered and Amended by Chapter 382, 2008 General Session
