MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Jackson

AN ACT TO AMEND SECTION 7-5-39, MISSISSIPPI CODE OF 1972, TO REVISE THE METHOD OF RETENTION OF OUTSIDE COUNSEL BY STATE AGENCIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 7-5-39, Mississippi Code of 1972, is amended as follows:

7-5-39. The Attorney General shall also represent the state, in person or by his assistant, as counsel in all suits against the state in other courts than the Supreme Court at the seat of government, and he shall, in like manner, act as counsel for any of the state officers in suits brought by or against them in their official capacity, touching any official duty or trust and triable at the seat of government. He may pursue the collection of any claim or judgment in favor of the state outside of the state. The Attorney General may approve the hiring of outside counsel when otherwise authorized by law only after first rendering his written opinion pursuant to Section 7-5-25 as to the merits of the claim or controversy.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.