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Ark. Code Ann. § 25-16-702

Representation of state agencies and officers generally — Employment of outside counsel

Applied in 8 court decisions — leading case Holloway v. Arkansas State Board of Architects (2003)

Most recently applied in Ricky Lee Scott v. Rhonda Sullivan, Circuit Clerk; Alvah Griggs-Washington, Court Reporter, and/or Successor Krissy Wheeler; Linda Worstell, Court Reporter; Nila Keels, Court Reporter, and/or Successor Carla K. Astin; Hon. L.T. Sims II, Judge, and/or Successor Hon. Dion Wilson, Judge; Hon. Harvey Yates, Judge, and/or Successor Hon. Richard L. Proctor, Judge; Hon. Ashley Higgins, Judge, and/or Successor Hon. Christopher W. Morley, Judge (October 2025)

Acts 1933, No. 14, §§ 1, 2, 5-7; Pope's Dig., §§ 5599, 5600, 5602-5604; A.S.A. 1947, §§ 12-701, 12-708 — 12-711; Acts 1989 (1st Ex

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The Attorney General shall be the attorney for all state officials, departments, institutions, and agencies. Whenever any officer or department, institution, or agency of the state needs the services of an attorney, the matter shall be certified to the Attorney General for attention.

(2) All office work and advice for state officials, departments, institutions, and agencies shall be given by the Attorney General and his or her assistants, and no special counsel shall be employed or additional expense paid for those services.

(3) If, in the opinion of the Attorney General, it shall at any time be necessary to employ special counsel to prosecute any suit brought on behalf of the state or to defend a suit brought against any official, board, commission, or agency of the state, the Attorney General, with the approval of the Governor, may employ special counsel. The compensation for the special counsel shall be fixed by the court where the litigation is pending, with the written approval of the Governor and the Attorney General. The Attorney General shall not enter into any contract for the employment of outside legal counsel without first seeking prior review by the Legislative Council.

(4) If any official, department, institution, or agency of the state needs the service of an attorney and the Attorney General fails to render the service when requested in writing, then, upon the establishment of that fact, the Governor may appoint counsel to look after the matter or may authorize the employment of counsel by the officer, department, agency, or institution needing the services of an attorney.

(5) Any person violating the provisions of this section shall be subject to indictment and upon conviction fined in any sum not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) and, upon proper proceedings, removed from office.

(6) The Attorney General shall have authority to initiate civil lawsuits under all state and federal environmental protection statutes.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.