Bill seeks transparency in state legal contracts

The Executive Board held a hearing Feb. 17 on a measure that would adopt the Private Attorney Retention Sunshine Act.

Lincoln Sen. Danielle Conrad said she introduced LB604 to ensure accountability and openness in the hiring of private legal services for state business.

Among other provisions, the bill would require the attorney general to file a proposed contract for private legal services exceeding $50,000 with the Appropriations Committee, which then would hold a public hearing on the proposed contract and make recommendations.

At the conclusion of a legal proceeding for which private legal services had been retained on a contingent-fee basis, a statement of hours worked, expenses and hourly fees would be required. The state would be prohibited from incurring legal fees greater than $1,000 per hour.

Conrad said the bill would ensure the same open and competitive bidding process that is required for other state contracts.

“This should be extended to other contracts for legal services,” she said. “Taxpayer dollars are at issue here.”

Assistant attorney general Dale Comer testified against the bill, saying it would restrict his office’s ability to hire attorneys best suited to a particular case. In addition, he said, requiring a public legislative hearing on a potential legal contract would violate constitutional separation of powers.

“We believe that involves the Legislature directly in the process of executive function,” Comer said.

No proponent testimony was given and no immediate action was taken on the bill.