REPRESENTATION OF STATE AGENCIES

• NCJ Number: 63231
• Author(s): ANON
• Date Published: 1979
• Length: 78 pages
• Grant Number(s): 78-TA-AX-0023
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Assoc of Attorneys General
• Sale Source: National Assoc of Attorneys General
• Language: English
• Country: United States of America

Annotation

THE REPORT EXAMINES THE UNIQUE RELATIONSHIP BETWEEN THE ATTORNEYS GENERAL AND CLIENT STATE AGENCIES AND THE PROBLEMS OF MULTIPLE REPRESENTATION.

Abstract

INFORMATION WAS COLLECTED THROUGH QUESTIONNAIRES ON REPRESENTATION OF STATE AGENCIES COMPLETED IN 1979 BY 33 ATTORNEYS GENERAL OFFICES. OTHER SURVEYS WERE CONDUCTED BY THE COMMITTEE ON THE OFFICE OF ATTORNEYS GENERAL (COAG) OF THE NATIONAL ASSOCIATION OF ATTORNEYS GENERAL. COAG REPRESENTATIVES THEN INTERVIEWED ATTORNEYS GENERAL AND STAFFS IN SEVERAL STATES TO CLARIFY FACTUAL MATERIAL AND ISSUES. MAJOR CASES INVOLVING MULTIPLE REPRESENTATION WERE ALSO REVIEWED AND ANALYZED. THE ATTORNEYS GENERAL OCCUPIES A UNIQUE POSITION IN THE STATE GOVERNMENT AS AN EXECUTIVE OFFICER WHO IS ALSO RESPONSIBLE FOR REPRESENTING STATE AGENCIES AND WHO CAN UNDERTAKE LEGAL ACTIVITIES THAT CONFLICT WITH THE EXECUTIVE BRANCH. THE OBLIGATION OF THE ATTORNEY GENRAL TO PROVIDE LEGAL SERVICES TO STATE AGENCIES, IS USUALLY INTERPRETED IN TWO WAYS: LEGAL REPRESENTATION MUST BE GIVEN TO AGENCIES ON DEMAND, OR THE ATTORNEYS GENERAL HAVE SOME DISCRETION IN ALLOTTING LEGAL RESOURCES BASED ON SIGNIFICANCE OF THE ISSUES, THE AGENCY'S POSITION, AND THE RECEPTIVITY OF THE TRIBUNAL. REPRESENTATION VARIES WIDELY AMONG STATES, DEPENDING ON NEEDS AND ADMINISTRATIVE STRUCTURE. PROBLEMS THE ATTORNEYS GENERAL FACES INCLUDE POTENTIAL CONFLICTS OF INTEREST BETWEEN THE STATE, AS A SUM OF ITS CITIZENS, AND AN INDIVIDUAL STATE AGENCY; ATTORNEYS GENERAL REPRESENTATION OF OPPOSING PARTIES IN A LEGAL DISPUTE; MEMBERSHIP OF A STATE BOARD OR COMMISSION INVOLVED IN LEGAL PROCEEDINGS; AND ATTORNEYS GENERAL INSTITUTION OF PROCEEDINGS AGAINST A STATE AGENCY. SOME ATTORNEYS GENERAL OFFICES HAVE DEVELOPED GUIDELINES TO IDENTIFY CONFLICT SITUATIONS EARLY AND SEPARATE THE LEGAL FACTORS FROM THE POLICY ISSUES. SETTLEMENTS CAN ALSO BE ACHIEVED BY EXECUTIVE INTERVENTION IN THE DISPUTE. RELEVANT COURT DECISIONS ARE CITED THROUGHOUT THE TEXT. FOOTNOTES AND A TABLE OF CASES ARE PROVIDED. (MJM)