2006 Code of Virginia § 2.2-507 - Legal service in civil matters

2.2-507. Legal service in civil matters.

A. All legal service in civil matters for the Commonwealth, the Governor, andevery state department, institution, division, commission, board, bureau,agency, entity, official, court, or judge, including the conduct of all civillitigation in which any of them are interested, shall be rendered andperformed by the Attorney General, except as provided in this chapter andexcept for any litigation concerning a justice or judge initiated by theJudicial Inquiry and Review Commission. No regular counsel shall be employedfor or by the Governor or any state department, institution, division,commission, board, bureau, agency, entity, or official. The Attorney Generalmay represent personally or through one or more of his assistants any numberof state departments, institutions, divisions, commissions, boards, bureaus,agencies, entities, officials, courts, or judges that are parties to the sametransaction or that are parties in the same civil or administrativeproceeding and may represent multiple interests within the same department,institution, division, commission, board, bureau, agency, or entity. Uponrequest of the local attorney for the Commonwealth, the Attorney General mayprovide legal service in civil matters for soil and water conservationdistrict directors or districts.

B. The Attorney General may represent personally or through one of hisassistants any of the following persons who are made defendant in any civilaction for damages arising out of any matter connected with their officialduties:

1. Members, agents or employees of the Alcoholic Beverage Control Board;

2. Agents inspecting or investigators appointed by the State CorporationCommission;

3. Agents, investigators, or auditors employed by the Department of Taxation;

4. Members, agents or employees of the State Mental Health, MentalRetardation and Substance Abuse Services Board, the Department of MentalHealth, Mental Retardation and Substance Abuse Services, the State Board ofHealth, the State Department of Health, the Department of General Services,the State Board of Social Services, the Department of Social Services, theState Board of Corrections, the Department of Corrections, the State Board ofJuvenile Justice, the Department of Juvenile Justice, the Virginia ParoleBoard, or the Department of Agriculture and Consumer Services;

5. Persons employed by the Commonwealth Transportation Board;

6. Persons employed by the Commissioner of Motor Vehicles;

7. Persons appointed by the Commissioner of Marine Resources;

8. Police officers appointed by the Superintendent of State Police;

9. Game wardens appointed by the Department of Game and Inland Fisheries;

10. Third impartial panel members appointed to hear a teacher's grievancepursuant to 22.1-312;

11. Staff members or volunteers participating in a court-appointed specialadvocate program pursuant to Article 5 ( 9.1-151 et seq.) of Chapter 1 ofTitle 9.1; or

12. Any emergency medical service agency that is a licensee of the Departmentof Health in any civil matter and any guardian ad litem appointed by a courtin a civil matter brought against him for alleged errors or omissions in thedischarge of his court-appointed duties.

Upon request of the affected individual, the Attorney General may representpersonally or through one of his assistants any basic or advanced emergencymedical care attendant or technician possessing a valid certificate issued byauthority of the State Board of Health in any civil matter in which a defenseof immunity from liability is raised pursuant to 8.01-225.

C. If, in the opinion of the Attorney General, it is impracticable oruneconomical for such legal service to be rendered by him or one of hisassistants, he may employ special counsel for this purpose, whosecompensation shall be fixed by the Attorney General. The compensation forsuch special counsel shall be paid out of the funds appropriated for theadministration of the board, commission, division or department whosemembers, officers, inspectors, investigators, or other employees are defendedpursuant to this section. Notwithstanding any provision of this section tothe contrary, the Supreme Court may employ its own counsel in any matterarising out of its official duties in which it, or any justice, is a party.

(Code 1950, 2-87; 1958, c. 542; 1966, cc. 222, 677, 2.1-121; 1974, cc.44, 45, 432; 1975, c. 372; 1976, cc. 580, 726; 1978, c. 96; 1979, c. 450;1980, c. 255; 1981, c. 427; 1982, c. 636; 1984, cc. 703, 742; 1987, c. 326;1988, c. 435; 1989, c. 733; 1990, cc. 637, 752, 791; 2001, c. 844; 2005, c.236.)