Oklahoma § 56-236 - Legal division or unit - Contracts for private legal

§ 56-236. Legal division or unit - Contracts for private legal

counsel.

A. The Commission for Human Services shall establish or provide

for a legal division or unit in the Department of Human Services.

The Director of the Department of Human Services shall employ

attorneys as needed, which may be on full-time and part-time basis.

Such attorneys, in addition to advising the Commission, Director and

Department personnel on legal matters, may appear for and represent

the Commission, Director and Department in legal actions and

proceedings. Provided, that it shall continue to be the duty of the

Oklahoma Statutes - Title 56. Poor Persons

Attorney General to give his official opinion to the Commission,

Director or Department, and to prosecute and defend actions

therefor, if requested to do so. The Attorney General may levy and

collect costs, expenses of litigation and a reasonable attorney's

fee for such legal services from the Commission. Provided, however

the charges which the Attorney General is authorized to levy and

collect shall only include those costs and charges which exceed the

costs associated with the salary and benefits of one attorney FTE

position per fiscal year.

B. The Commission shall not contract for representation by

private legal counsel unless approved by the Attorney General. Such

contract for private legal counsel shall be in the best interests of

the state.

C. The Attorney General shall be notified by the Commission or

its counsel of all lawsuits against the Commission, its officers or

employees that seek injunctive relief which would impose obligations

requiring the expenditure of funds in excess of unencumbered monies

in the agency's appropriations or beyond the current fiscal year.

The Attorney General shall review any such cases and may represent

the interests of the state, if he considers it to be in the best

interest of the state to do so, in which case he shall be paid as

provided in subsection A of this section. Representation of

multiple defendants in such actions may, at the discretion of the

Attorney General, be divided with counsel for the Commission as

necessary to avoid conflicts of interest.

Added by Laws 1968, c. 165, § 4, emerg. eff. April 11, 1968.

Amended by Laws 1992, c. 33, § 1, emerg. eff. April 3, 1992; Laws

1992, c. 288, § 1, eff. July 1, 1992.