When the legislative assembly is in session, either house by resolution may authorize, or both houses by concurrent resolution may direct, the legislative council to appoint or retain legal counsel to appear in, commence, prosecute, defend, or intervene in any action, suit, matter, cause, or proceeding in any court or agency when determined necessary or advisable to protect the official interests of the legislative branch. When the legislative assembly is not in session, the legislative management, by a majority vote, may authorize the legislative council to appoint or retain legal counsel to appear in, commence, prosecute, defend, or intervene in any action, suit, matter, cause, or proceeding in any court or agency when determined necessary or advisable to protect the official interests of the legislative branch. Section 54 -12-08 does not apply to a person appointed or retained under this section.
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