(1) The attorney general shall provide legal services for each state agency as provided in section 24-31-101. The attorney general shall assign one or more deputy attorneys general or assistant attorneys general to perform legal services for each state agency requiring such services. (2) No state agency shall appoint, solicit, or employ any person to perform legal services except in accordance with this part 1. (3) Legal services provided to state agencies are subject to supervision of the attorney general and must be rendered in accordance with the legal policies of the state as determined by the attorney general. (4) No assistant solicitor general, deputy attorney general, or assistant attorney general may appear in any court of this state or of the United States on behalf of a state agency unless specifically authorized to so appear by the attorney general. (5) Whenever the attorney general is unable, has failed, or refuses to provide legal services to a state agency, as determined by the governor if the agency is in the executive branch, or by the chief justice if the agency is in the judicial branch, or by the state auditor if the agency is the office of the state auditor, the agency may employ counsel of its choosing to provide such legal services. Any expense incurred due to the employment of counsel pursuant to this subsection (5) is a lawful charge against appropriations for this purpose made by the general assembly to the department of law. (6) As used in this section: (a) "Legal services" means providing legal counsel by an attorney-at-law for a state agency, including representation in court, providing legal advice, and issuance of formal and informal legal opinions. (b) "State agency" means any department, division, section, unit, office, officer, commission, board, institution, institution of higher education, or other agency of the executive department and judicial department of state government. "State agency" does not mean the legislative department except for the state auditor in accordance with section 2-3-104.5.
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