View source for Resolution on Transparency in State Attorney General Conduct Exposed

The '''[[:media:0L1-Resolution_On_Transparency_In_State_Attorney_General_Conduct_Exposed.pdf|Resolution on Transparency in State Attorney General Conduct]]''' was adopted by ALEC's [https://www.sourcewatch.org/index.php/ALEC_Civil_Justice_Task_Force Civil Justice Task Force] on August 1, 2008, approved by the ALEC Board of Directors on September 11, 2008. {{AEX2011}}

==ALEC Bill Text==

PURPOSE: Urging State Legislatures to adopt measures similar to the US
Chamber Institute for Legal Reform’s State Attorney General Code of Conduct in
order to assure high ethical standards in conducting the affairs of the Office of
Attorney General and to protect the public confidence in the integrity of this
important Office;

WHEREAS, public statements by State Attorneys General can have serious
implications affecting the public interest, Attorneys General must exercise
prudence and caution in the conduct of any media contact, limiting comment on
matters of great significance to the public interest.

WHEREAS, a State through its legislative and executive functions establishes
salaries, number and qualifications of personnel needed to carry out the duties of
the Office of Attorney General, employment of outside counsel should only be
undertaken when the lack of expertise of the Attorney General’s office or a conflict
of interest on the part of the Attorney General’s office requires the use of
individuals not employed by the State, and any such retention generally should be
on a fixed fee basis whose terms are specified in a written agreement between the
State and the outside counsel that is subject to public oversight;

WHEREAS, the affairs of the Office of Attorney General should be free of any
appearance of favoritism or use of the Office to benefit a private party, any
contract with outside counsel where fees are anticipated to exceed $1 million
should be awarded based only on the conclusion of a competitive bidding process
open to the public for oversight;

WHEREAS, those who conduct the affairs of the Office of Attorney General,
including outside counsel, should be free of the appearance of conflicts of
interests, any use of contingency fees should be extremely rare and any such fee
should be capped so that total compensation is no higher than is reasonable under
the circumstances, and the terms of any such agreement should be specified in a
written agreement between the State and the outside counsel that is subject to
public oversight;

WHEREAS, the conduct and decisions of outside counsel reflect on the State and
affect its rights and responsibilities, the Attorney General should retain ultimate
control and decision-making authority over the major issues in all cases where
outside counsel is retained to represent the interests of the State;

WHEREAS, the personal, financial, and other business dealings of the State
Attorney General should not affect or exploit the exercise of discretion or influence
the Office of Attorney General;

THEREFORE BE IT RESOLVED, that the American Legislative Exchange Council
urges all State legislatures to enact legislation requiring compliance by its Office of
the State Attorney General and all personnel of such Office with the principles
embodied in the State Attorney General Code of Conduct issued by the U.S.
Chamber Institute for Legal Reform, where the State constitution permits such
exercise of power by the legislative branch, so that the legal matters of the State
are carried out in a manner that is fair and equitable and subject to oversight by
the residents of such State.


Adopted by the Civil Justice Task Force on August 1, 2008.

Approved by the ALEC Board of Directors on September 11, 2008.