Representative Emily O’Brien’s bill, House Bill 1601, would allow specified agencies and constitutional officers to hire their own attorneys — subject to appropriations and personnel procedures — rather than relying solely on special assistant attorneys general embedded in the attorney general’s office.

Mary Kay Kelsch, assistant attorney general, told the committee that many organizations already receive representation from the attorney general’s office and that statutory language already places limits on revoking special assistant appointments. She described how agencies currently coordinate with the attorney general’s office and warned that giving every agency a unilateral right to hire could create inconsistency in statewide legal positions.

Commissioner Godfried (commissioner for a constitutional office who testified in support) argued the change would give constitutionally elected officials appropriate independence and allow agencies to secure attorneys whose work aligns with the agency’s mission. He noted that any new attorney position would require appropriations and that most agencies would need to justify a new FTE to the Appropriations Committee.

Committee members discussed the practical effects. Kelsch said some offices (for example, agriculture and public service commission portfolios) have long-standing embedded attorneys while others lack full-time counsel. She told the committee, “they're hired and employed by the attorney general's office... if they opened up a position in their office, my attorney, you know, could apply.”

The committee approved a series of amendments: an initial list-based amendment to include specific agencies was adopted on roll call (motion recorded as carrying 8-4-1), then a subsequent technical amendment (changing language so the attorney general could revoke an appointment only with the agreement of the entity rather than unilaterally) carried 13-0 on voice/roll call, per the transcript. The committee ultimately voted to give House Bill 1601 a do-pass recommendation; the roll call recorded the due-pass motion as carrying 11-2-0.

Members repeatedly emphasized that any independent attorney would still require legislative appropriations and that the attorney general’s office would remain the principal defender of state law in litigation brought against the state. The commissioner argued independence was important for constitutionally elected officers who may have differing policy priorities than the attorney general’s office.

The committee voted to send HB1601 forward with a favorable recommendation; the bill will proceed to the House floor with the committee’s amendments attached.