63G-7-901. Expenses of attorney general, general counsel for state judiciary, and
general counsel for the Legislature in representing the state, its branches, members, or
employees.
(1) (a) The Office of the Attorney General has primary responsibility to provide legal
representation to the judicial, executive, and legislative branches of state government in cases
where coverage under the Risk Management Fund created by Section 63A-4-201 applies.
(b) When the attorney general has primary responsibility to provide legal representation
to the judicial or legislative branches, the attorney general shall consult with the general counsel
for the state judiciary and with the general counsel for the Legislature, to solicit their assistance
in defending their respective branch, and in determining strategy and making decisions
concerning the disposition of those claims.
(c) Notwithstanding Subsection (1)(b), the decision for settlement of monetary claims in
those cases lies with the attorney general and the state risk manager.
(2) (a) If the Judicial Council, after consultation with the general counsel for the state
judiciary, determines that the Office of the Attorney General cannot adequately defend the state
judiciary, its members, or employees because of a conflict of interest, separation of powers
concerns, or other political or legal differences, the Judicial Council may direct its general
counsel to separately represent and defend it.
(b) If the general counsel for the state judiciary undertakes independent legal
representation of the state judiciary, its members, or employees, the general counsel shall notify
the state risk manager and the attorney general in writing before undertaking that representation.
(c) If the state judiciary elects to be represented by its own counsel under this section, the
decision for settlement of claims against the state judiciary, its members, or employees, where
Risk Management Fund coverage applies, lies with the general counsel for the state judiciary and
the state risk manager.
(3) (a) If the Legislative Management Committee, after consultation with the general
counsel for the Legislature, determines that the Office of the Attorney General cannot adequately
defend the legislative branch, its members, or employees because of a conflict of interest,
separation of powers concerns, or other political or legal differences, the Legislative
Management Committee may direct its general counsel to separately represent and defend it.
(b) If the general counsel for the Legislature undertakes independent legal representation
of the Legislature, its members, or employees, the general counsel shall notify the state risk
manager and the attorney general in writing before undertaking that representation.
(c) If the legislative branch elects to be represented by its own counsel under this section,
the decision for settlement of claims against the legislative branch, its members, or employees,
where Risk Management Fund coverage applies, lies with the general counsel for the Legislature
and the state risk manager.
(4) (a) Notwithstanding the provisions of Section 67-5-3 or any other provision of the
Utah Code, the attorney general, the general counsel for the state judiciary, and the general
counsel for the Legislature may bill the Department of Administrative Services for all costs and
legal fees expended by their respective offices, including attorneys' and secretarial salaries, in
representing the state or any indemnified employee against any claim for which the Risk
Management Fund may be liable and in advising state agencies and employees regarding any of
those claims.
(b) The risk manager shall draw funds from the Risk Management Fund for this purpose.
Renumbered and Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009