§ 8-6-106 — Employment of additional counsel

Tennessee § 8-6-106

• Jurisdiction: Tennessee
• Title: 8

Text

(a) In all cases where the interest of the state requires, in the judgment of the governor and attorney general and reporter, additional counsel to the attorney general and reporter or district attorney general, the governor shall employ such counsel, who shall be paid such compensation for services as the governor, secretary of state, and attorney general and reporter may deem just, the same to be paid out of any money in the treasury not otherwise appropriated, upon the certificate of such officers certifying the amount to the commissioner of finance and administration. (b) Notwithstanding this section or any other law to the contrary, the attorney general and reporter or district attorney general shall inform the governor of, and consideration shall be given to, whether the person or firm to be employed as additional counsel: (1) To defend the state in any action is then serving as counsel for a party in any action by that party against the state and whether the action, if adjudicated in that party's favor, is likely to result in an increase in state expenditures; or (2) To prosecute any action on behalf of the state is then serving as counsel in defense of any action against the state. (c) In all cases where, in the judgment of the speaker of the house of representatives and the speaker of the senate, the interest of the state requires additional counsel to the attorney general and reporter, the speaker of the house of representatives and the speaker of the senate shall retain additional counsel to prosecute an action against the federal government on behalf of the state; provided, that the representation must not include payment of a fixed or contingent fee to any such additional counsel or otherwise increase state expenditures.

Legislative History

Amended by 2023 Tenn. Acts, ch. 134,s 1, eff. 7/1/2023. Acts 1865, ch. 23, §§ 1, 2; Shan., § 5759; Code 1932, § 9958; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-606; Acts 2004, ch. 723, § 1.