§ 49:258 — Procurement of private contractual legal services for state agencies

Louisiana § 49:258

• Jurisdiction: Louisiana
• Title 49: State Administration

Text

§258. Procurement of private contractual legal services for state agencies
Notwithstanding the provisions of any other law to the contrary and
specifically the provisions of any law that authorizes the state or a state agency
to appoint, employ, or contract for private legal counsel to represent the state
or a state agency, including but not limited to the provisions of R.S. 42:261,
262, and 263, and R.S. 40:1237.1(E), any appointment of private legal counsel
to represent the state or a state agency shall be made by the attorney general
with the concurrence of the commissioner of administration in accordance with
the following procedure:
(1) All attorneys appointed as private legal counsel to represent the
state or a state agency shall meet or exceed written minimum qualifications
and all appointments shall be made in accordance with a written appointments
procedure, both of which shall be established by the attorney general and the
governor, or their designees. The commissioner of administration shall
participate in the preparation of the minimum qualifications and the
appointment procedure. The minimum qualifications and the appointments
procedure shall be published at least annually in the Louisiana Bar Journal or
such other publication as will reasonably assure dissemination to the
membership of the Louisiana State Bar Association. The exercise of the
authority provided in this Section shall not be subject to the Administrative
Procedure Act.
(2) All appointments of private legal counsel representing the state or
a state agency that are in effect on the effective date of this Section shall be
reviewed to ensure that such counsel satisfy the minimum qualifications
provided for in Paragraph (1) of this Section and all such changes in or
terminations of such appointments shall be made as are necessary to ensure
such compliance.
(3) For the purposes of this Section, "state agency" means any
department, board, commission, agency, office, special district, authority, or
other entity of the state, but does not include the Public Service Commission
or the State Bond Commission or any political subdivision of the state, as
defined by Article VI of the Constitution of Louisiana, or any entity of such
political subdivision.

Legislative History

Acts 1988, No. 448, §5, eff. July 1, 1988; Acts 1990, No. 946, §1; Acts 1992, No. 385, §2.