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STRUCTURE OF STATE LEGAL SERVICES

NCJ Number
61319
Author(s)
A ASKLAND
Date Published
1979
Length
69 pages
Annotation
THIS REPORT REVIEWS ALTERNATIVE ARRANGEMENTS FOR PROVIDING LEGAL SERVICES TO STATE AGENCIES RANGING FROM CENTRALIZATION OF LEGAL SERVICES TO EMPLOYMENT OF COUNSEL BY STATE AGENCIES.
Abstract
FOLLOWING A 2-YEAR STUDY OF THE OFFICE OF ATTORNEY GENERAL IN THE 54 STATES AND TERRITORIES, THE NATIONAL ASSOCIATION OF ATTORNEYS GENERAL MADE FOUR RECOMMENDATIONS CONCERNING THE STRUCTURE OF STATE LEGAL SERVICES. THESE RECOMMENDATIONS WERE THAT ALL STATE LEGAL STAFF BE UNDER THE ATTORNEY GENERAL'S SUPERVISION; THE ATTORNEY GENERAL HAVE SOLE AUTHORITY TO EMPLOY COUNSEL AND TO REPRESENT THE STATE IN LITIGATION; USE OF SPECIAL OR PART-TIME COUNSEL BE RESTRICTED TO UNUSUAL CIRCUMSTANCES; AND EMPLOYMENT AND COMPENSATION OF SPECIAL COUNSEL BE A MATTER OF READILY ACCESSIBLE RECORD. THE REPORT UPDATES AND EXPANDS SOME OF THE INFORMATION ON WHICH THOSE RECOMMENDATIONS ARE BASED. ALTHOUGH AN INCREASING NUMBER OF STATES ARE CONSOLIDATING LEGAL SERVICES, MANY STILL RETAIN A SUBSTANTIAL NUMBER OF HOUSE COUNSEL, AND SEVERAL MAKE FREQUENT USE OF SPECIAL COUNSEL. THE REPORT OUTLINES SPECIFIC ARGUMENTS IN FAVOR OF CONSOLIDATED LEGAL SERVICES. FOR EXAMPLE, CONSOLIDATION MAKES POSSIBLE A REDUCTION IN STAFF, MORE EFFECTIVE USE OF FACILITIES, BETTER FISCAL PLANNING FOR LEGAL SERVICES, HIGHER DEGREE OF PROFESSONALISM, AND REDUCED LEGAL CONFLICTS BETWEEN AGENCIES. THE TREND TOWARD CONSOLIDATION OF STATE LEGAL SERVICES UNDER THE ATTORNEY GENERAL IS NOT, HOWEVER, A DOMINANT INFLUENCE IN EVERY OFFICE. DESPITE PERIODIC GUBERNATORIAL OR AGENCY RELUCTANCE TO ACCEPT CENTRALIZED LEGAL SERVICES, HOWEVER, A RECOGNIZABLE MOVEMENT TOWARD CONSOLIDATION IS APPARENT. (MJW)

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