13.7 Special counsel.
1. Compensation shall not be allowed to any person for services as an attorney or counselor to an executive department of the state government, or the head of an executive department of state government, or to a state board or commission. However, the executive council may authorize employment of legal assistance, at a reasonable compensation, in a pending action or proceeding to protect the interests of the state, but only upon a sufficient showing, in writing, made by the attorney general, that the department of justice cannot for reasons stated by the attorney general perform the service. The reasons and action of the executive council shall be entered upon its records. If the attorney general determines that the department of justice cannot perform legal service in an action or proceeding, the executive council shall request the department involved in the action or proceeding to recommend legal counsel to represent the department. If the attorney general concurs with the department that the person recommended is qualified and suitable to represent the department, the person recommended shall be employed. If the attorney general does not concur in the recommendation, the department shall submit a new recommendation. This subsection does not affect the general counsel for the utilities board of the department of commerce, the legal counsel of the department of workforce development, or the general counsel for the property assessment appeal board.
2. The executive branch and the attorney general shall also comply with chapter 23B when retaining legal counsel on a contingency fee basis under this section, as appropriate.
[S13, §208-b; C24, 27, 31, 35, 39, §152; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §13.7; 81 Acts, ch 22, §1]
83 Acts, ch 127, §1; 96 Acts, ch 1186, §23; 2005 Acts, ch 150, §120; 2011 Acts, ch 131, §20, 158; 2012 Acts, ch 1112, §1; 2016 Acts, ch 1073, §5
Referred to in §8F.2, 68B.32, 231E.11, 252B.7, 262.9
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Section 13.1 - Department of justice.
Section 13.3 - Disqualification — substitute.
Section 13.4 - Assistant attorneys general.
Section 13.5 - Assistant for department of revenue.
Section 13.6 - Assistant for human services department.
Section 13.7 - Special counsel.
Section 13.10 - Physical criminal evidence — DNA profiling.
Section 13.11 - Report of money awards.
Section 13.12 - Prosecution of criminal offenses committed by law enforcement officers.
Section 13.13 - Farm assistance program coordinator — contract for mediation services.
Section 13.14 - Farm mediation service — confidentiality.
Section 13.15 - Rules and forms — fees.
Section 13.16 - Limitation on liability — immunity from special actions.
Section 13.31 - Victim assistance program.
Section 13.32 - Victim assistance grant programs — annual report.
Section 13.34 - Legal services for persons in poverty grant program.