§ 54-12-08 — Assistant and special assistant attorneys general - Appointment - Revocation - Compensation

Revocation - Compensation.
1. After consultation with the head of the state department or institution or with the state
board, commission, committee, or agency affected, the attorney general may appoint
assistant or special assistant attorneys general to represent the state board,
commission, committee, or agency. A state officer, head of any state department,
whether elected or appointed, or state department, board, commission, committee, or
agency may not employ legal counsel, and a person may not act as legal counsel in
any matter, action, or proceeding in which the state or any state department, board,
commission, committee, or agency is interested or is a party, except upon written
appointment by the attorney general. Workforce safety and insurance, the department
of transportation, the state tax commissioner, the public service commission, the
insurance commissioner, the agriculture commissioner, and the department of water
resources may employ attorneys to represent them. These entities shall pay the
salaries and expenses of the attorneys they employ within the limits of legislative
appropriations. The attorneys that represent these entities must be special assistant
attorneys general appointed by the attorney general pursuant to this section. Absent
good cause, the attorney general shall appoint as special assistant attorneys general
licensed attorneys selected by these entities. The attorney general may revoke the
appointment only for good cause or upon the request of the entity. Good cause means
an inadequate level of experience, competence, or ethical standards.
2. The powers conferred upon special assistant attorneys general are the same as are
exercised by the regular assistant attorneys general, unless the powers are limited
specifically by the terms of the appointment. Except as otherwise provided by this
section, an appointment is revocable at the pleasure of the attorney general. The
appointment may be made with or without compensation, and when compensation is
allowed by the attorney general for services performed, the compensation must be
paid out of the funds appropriated therefor.
3. The attorney general may require payment for legal services rendered by any
assistant or special assistant attorney general to any state official, board, department,
agency, or commission and those entities shall make the required payment to the
attorney general. Moneys received by the attorney general in payment for legal
services rendered must be deposited into the attorney general's operating fund.
General fund moneys may not be utilized for the payment of legal services provided by
the attorneys employed by the attorney general, except for those payments required of
the department of health and human services, department of environmental quality,
and the state hospital.
4. An assistant or special assistant attorney general appointed to represent the state
board of higher education or an institution under the control of the state board of
higher education may access and examine any record under the control of the state
board of higher education. For purposes of reviewing records under the Family
Educational Rights and Privacy Act [20 U.S.C. 1232g; 34 CFR 99] or any other federal
privacy law, the assistant or special assistant attorney general is considered a state
educational official authorized to access student records.