2006 Code of Virginia § 2.2-510 - Employment of special counsel generally

2.2-510. Employment of special counsel generally.

No special counsel shall be employed for or by the Governor or any statedepartment, institution, division, commission, board, bureau, agency, entity,official, justice of the Supreme Court, or judge of any circuit court ordistrict court except in the following cases:

1. Where because of the nature of the service to be performed, the AttorneyGeneral's office is unable to render such service, the Governor after issuingan exemption order stating with particularity the facts and reasons uponwhich he bases his conclusion that the Attorney General's office is unable torender such service, may employ special counsel to render such service as theGovernor may deem necessary and proper.

2. In cases of legal services in civil matters to be performed for theCommonwealth, where it is impracticable or uneconomical for the AttorneyGeneral to render such service, he may employ special counsel whosecompensation shall be paid out of the appropriation for the AttorneyGeneral's office.

3. In cases of legal services in civil matters to be performed for any statedepartment, institution, division, commission, board, bureau, agency, entity,official, justice of the Supreme Court, or judge of any circuit court ordistrict court where it is impracticable or uneconomical for the AttorneyGeneral's office to render such service, special counsel may be employed butonly upon the written recommendation of the Attorney General, who shallapprove all requisitions drawn upon the Comptroller for warrants ascompensation for such special counsel before the Comptroller shall haveauthority to issue such warrants.

4. In cases where the Attorney General certifies to the Governor that itwould be improper for the Attorney General's office to render legal servicesdue to a conflict of interests, or that he is unable to render certain legalservices, the Governor may employ special counsel or other assistance torender such services as may be necessary.

5. In cases of legal services in civil matters to be performed by theVirginia Office for Protection and Advocacy pursuant to Chapter 8.1 (51.5-39.1 et seq.) of Title 51.5.

(Code 1950, 2-88; 1966, c. 677, 2.1-122; 1975, c. 372; 1976, c. 726;2001, c. 844; 2002, c. 572.)