CHARLESTON – Two similar state Senate bills would give West Virginia’s attorney general oversight regarding the hiring of private attorneys on contingency to file civil lawsuits for counties, cities, boards and other political subdivisions.
Senate Bill 891 would require the political subdivision to obtain approval from the AG’s office before entering a contingency-fee contract with private counsel in such cases. The AG’s office would be able to review the agreements and either approve or deny them. It also could set conditions and limitations in its approval.
The bill was introduced February 9 by Sen. Mike Azinger (R-Wood) and sent to the Senate Judiciary Committee. A similar bill, SB 974, also was introduced February 17 in the Senate by Sen. Zack Maynard (R-Lincoln).
Neither Azinger nor Maynard returned messages seeking comment about their bills.
A similar bill was introduced last session, but it didn’t advance out of the Senate Judiciary.
The legislation did not originate in the Attorney General J.B. McCuskey’s office, according to Communications Director Kallie Cart.
“As the Attorney General, one of my jobs is the enforce, defend, and abide by the laws passed by the Legislature,” McCuskey said. “We are monitoring this bill and will be prepared to implement it should the bill pass.”
In general, the bill would centralize gatekeeping in the AG’s office whenever a city, county or other subdivision wants to use outside contingency‑fee lawyers to bring civil suits; would a subdivision’s ability to independently initiate such arrangements by making them contingent on prior AG sign‑off, rather than a purely local decision; and would create a uniform statewide process and standards for these contracts, instead of leaving each subdivision to negotiate and approve contingency‑fee litigation on its own.
As the state’s chief counsel, the AG provides legal representation for all state agencies, officials, commissions and boards. The AG also represents the state in all criminal appeals and habeas corpus proceedings.
The AG also issues written legal opinions at the request of the governor, legislative leaders and other state offices on specific questions of law.
The AG doesn’t have criminal prosecutorial powers, but the office does investigate and prosecute violations related to unfair trade practices, scams and price gouging.
And the AG also can appoint assistant attorneys general and outside special assistant attorneys general for specific legal matters.
