DOJ legal services briefs committee on litigation workload, seeks continued litigation authority and an attorney slot
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Summary
The Department of Justice’s legal services and state attorney units described heavy litigation workloads, notable cases and recent opioid/settlement administration. The department requested continuation of litigation funding and an additional attorney position to handle new natural‑resource damage claims and ongoing complex litigation.
The state attorney’s office and attached legal bureaus briefed the committee on current litigation workloads, ongoing major cases, and a request to continue litigation funding that supported the defense and prosecution of complex matters in recent years.
LFD staff told the committee the legal services division’s 2027 biennium request is roughly $2,000,000 higher than the base, including a request to continue litigation funding that was provided on a one‑time basis in the prior biennium. The division reported $1,000,000 being requested in general fund for new natural resource damage claims and about $260,000 to fund an additional attorney position.
Austin Knudson, the attorney general and administrator, and office managers described several high‑profile matters being litigated or defended by the civil and appellate bureaus, including appellate precedent matters (cases described in the presentation as Henderson and Hardy), deliberate‑homicide prosecutions assisted by DOJ trial teams, and the state’s role in administering opioid‑settlement funds and in related litigation. DOJ leaders described the opioid settlement as large, with distribution questions among local jurisdictions; they said some settlement terms required statewide coordination and that the state and many local governments are recipients of settlement funds.
The office noted recruitment and retention challenges for litigators in competitive practice areas. Interim administrator Self (named in testimony as interim administrator) told the committee DOJ’s lawyers are highly sought after by private firms and that pay differentials complicate staffing and retention in civil practice sections as well as trial work.
LFD noted that the $2,000,000 litigation authorization provided in the prior biennium had a biennial tag and remained available for use if needed; the department said it would request continuation of that type of litigation authority because complex litigation can generate unpredictable costs.
Committee members asked for detail on particular cases and funding allocations; agency staff said some matters had supplemental requests before the Legislature and that the department would continue to provide updates.