Recent court decisions have confirmed that the Attorney General has prior approval authority over state agencies’ hiring of private attorneys. PEER’s survey of one hundred sixty state agencies showed that at least eight agencies which contracted with private attorneys during fiscal year 1990 did not comply with this requirement. PEER also determined that, although the Attorney General’s Office had verbally assisted agencies in complying with the pre-approval requirement, all agencies have not been notified in writing of the requirement.
Without state-level approval of private attorneys, the Legislature cannot be assured that agencies’ expenditures of public funds for private attorneys are both warranted and efficient. In addition, without prior approval of private attorneys, the Attorney General cannot effectively direct and control the state’s litigation policy.
For a paper copy of this report, contact PEER by telephone at 601-359-1226 or by e-mail at reports@peer.ms.gov.