2012 Utah Code
Title 67 - State Officers and Employees
Article 5 - Attorney General
Section 32 - Rulemaking authority regarding the procurement of outside counsel, expert witnesses, and other litigation support services.

(1) The attorney general's office shall, on or before August 1, 2012, make rules to establish public disclosure, transparency, accountability, and reporting in relation to the procurement of outside counsel, expert witnesses, and other litigation support services.

(2) The rules described in Subsection (1) shall:

(a) ensure that a procurement for outside counsel is supported by a determination by the attorney general that the procurement is in the best interests of the state, in light of available resources of the attorney general's office;

(b) provide for the fair and equitable treatment of all potential providers of outside counsel, expert witnesses, and other litigation support services;

(c) ensure a competitive process, to the greatest extent possible, for the procurement of outside counsel, expert witnesses, and other litigation support services;

(d) provide for oversight and control, by the attorney general's office, in relation to outside counsel hired under a contingency fee arrangement;

(e) establish for transparency regarding the procurement of outside counsel, expert witnesses, and other litigation support services, subject to:

(i) Title 63G, Chapter 2, Government Records Access and Management Act; and

(ii) other applicable provisions of law and the Utah Rules of Professional Conduct;

(f) establish standard contractual terms for the procurement of outside counsel, expert witnesses, and other litigation support services; and

(g) provide for the retention of records relating to the procurement of outside counsel, expert witnesses, and other litigation support services.

Enacted by Chapter 2, 2012 Special Session 4