§ 2515 — Exceptions

Delaware § 2515

• Jurisdiction: Delaware
• Title: 29
• Part: State Offices Created by Constitution
• Ch. 25: STATE DEPARTMENT OF JUSTICE
• Subch.: General Powers

Text

(a) The provisions of this chapter relating to the supplying of legal advice, counsel, services and representation in proceedings and actions shall not apply to the University of Delaware, Delaware State University, Delaware Technical and Community College or to any school district or special school district of this State, and these organizations may each employ their own attorney or attorneys, notwithstanding § 2507 of this title, except that legal services in connection with all bond issues in which the faith and credit of this State is pledged and all legal services for any school district or special school district bond issue which is for the purpose of providing funds for any project to which moneys or bond issue funds of this State are to be contributed on a matching or percentage basis shall be provided solely by the State Department of Justice and the Attorney General.

(b) Notwithstanding § 2507 of this title, the provisions of this chapter relating to the supplying of legal advice, counsel, services, and representation in proceedings do not apply to any of the following:

(1) The State Public Integrity Commission, Chapter 58 of this title.

(2) The Office of Inspector General, Chapter 90E of this title.

(c) Notwithstanding any other provision of this title, a public school district or charter school that is a defendant in a legal action because of its adoption or use of the cyberbullying policy required under § 4164(d)(1) of Title 14 shall have the option of being represented by the Department of Justice if:

(1) The State of Delaware or 1 of its agencies is a party to the same action based upon the State’s requirement that the district or school adopt the cyberbullying policy at issue;

(2) The Department’s representation of both entities is permissible under the Rules of Professional Conduct; and

(3) The Department determines that enforcement of the cyberbullying policy by the school or district was done in good faith and in the public interest.

Communications and documents regarding the Department’s obligation to represent a school or district under this subsection and/or a school or district’s decision whether to accept representation by the Department are privileged and not subject to disclosure.

(d) Notwithstanding § 2507 of this title, the Division of Labor Relations and Employment Practices established pursuant to Chapter 90D of this title shall each be permitted to employ 1 counsel experienced in the field of labor and employment law to advise on matters of labor and employment law and assist in developing standards, policies, programs and training materials that satisfy Delaware and federal law.

Legislative History

29 Del. C. 1953, § 2515; 56 Del. Laws, c. 326, § 1 ; 60 Del. Laws, c. 476, § 1 ; 69 Del. Laws, c. 67, § 2 ; 69 Del. Laws, c. 179, § 1 ; 69 Del. Laws, c. 467, § 29 ; 78 Del. Laws, c. 379, § 2 ; 81 Del. Laws, c. 66, § 2 ; 81 Del. Laws, c. 122, § 13 ; 85 Del. Laws, c. 138, § 3