                                 CODE OF VIRGINIA

EMPLOYMENT OF SPECIAL COUNSEL GENERALLY (§ 2.2-510)

No special counsel shall be employed for or by the Governor or any state
department, institution, division, commission, board, bureau, agency, entity,
official, justice of the Supreme Court, or judge of any circuit court or
district court except in the following cases:

1. When the Governor determines that, because of the nature of the legal service
to be performed, the Attorney General&#8217;s office is unable to render such
service, then the Governor shall issue an exemption order stating with
particularity the facts and reasons leading to the conclusion that the Attorney
General&#8217;s office is unable to render such service. The Governor may then
employ special counsel to render such service as he may deem necessary and
proper. The compensation for such special counsel shall be paid out of the funds
appropriated for the administration of the board, commission, division, or
department to be represented or whose members, officers, inspectors,
investigators, or other employees are to be represented pursuant to this
section.

2. In cases of legal services in civil matters to be performed for the
Commonwealth, where it is impracticable or uneconomical for the Attorney General
to render such service, he may employ special counsel whose compensation shall
be paid out of the appropriation for the Attorney General&#8217;s office.

3. In cases of legal services in civil matters to be performed for any state
department, institution, division, commission, board, bureau, agency, entity,
official, member of the General Assembly, justice of the Supreme Court, or judge
of any circuit court or district court where it is impracticable or uneconomical
for the Attorney General&#8217;s office to render such service, special counsel
may be employed but only as set forth in subsection C of &#xA7; 2.2-507, upon
the written recommendation of the Attorney General, who shall approve all
requisitions drawn upon the Comptroller for warrants as compensation for such
special counsel before the Comptroller shall have authority to issue such
warrants.

4. In cases where the Attorney General certifies to the Governor that he is
unable to render certain legal services, the Governor may employ special counsel
or other assistance to render such services as may be necessary.

HISTORY: Code 1950, § 2-88; 1966, c. 677, § 2.1-122; 1975, c. 372; 1976, c.
726; 2001, c. 844; 2002, c. 572; 2007, c. 248; 2012, c. 847; 2014, c. 824; 2019,
c. 357.