§ 7-1131.08 — Appointment and duties of General Counsel.

District of Columbia § 7-1131.08

• Jurisdiction: District of Columbia
• Title 7: Human Health Care and Safety.
• Ch. 11B: Department of Mental Health Establishment.

Text

(a) The Department shall have a General Counsel or the equivalent, appointed by the Attorney General as an employee of the Office of the Attorney General, after consultation with the Director of the Department. The General Counsel or the equivalent shall:

(1) Be an attorney admitted to the practice of law in the District of Columbia and qualified by experience and training to advise the Department with respect to legal issues related to its powers and duties;

(2) Be in the Senior Executive Attorney Service as an at-will employee under the direction and control of the Attorney General;

(3) Be subject to all applicable provisions of subchapter VIII-B of Chapter 6 of Title 1 ;

(4) Have an attorney-client relationship with the Department;

(5) Advocate vigorously for the Director’s positions on legal issues, and if that advocacy poses a conflict with a legal position of the Attorney General for the District of Columbia, seek exemption from the Attorney General’s supervision as to that position, in accordance with § 1-608.55(b) ; and

(6) Be subject to evaluation, discipline, and transfer by the Attorney General, after consultation with the Director.

(b) This section shall apply as of October 1, 2005.

Legislative History

Dec. 18, 2001, D.C. Law 14-56, § 108, 48 DCR 7674; Oct. 20, 2005, D.C. Law 16-33, § 3016(a), 52 DCR 7503