41-4802. Written determination of necessity to enter into contingency fee contract; procurement

A. This state may not enter into a contingency fee contract with a private attorney unless the attorney general makes a written determination before entering into such a contract that contingency fee representation is both cost effective and in the public interest. The attorney general's written determination shall include specific findings for each of the following factors:

1. Whether there exist sufficient and appropriate legal and financial resources within the attorney general's office to handle the matter.

2. The time and labor required to perform the task, the novelty, complexity and difficulty of the questions involved and the skill necessary to perform the attorney services properly.

3. The geographic area where the attorney services are to be provided.

4. The amount of experience desired for the particular kind of attorney services to be provided and the nature of the private attorney's experience with similar issues or cases.

B. If the attorney general makes the determination provided in subsection A, the attorney general shall request proposals from private attorneys to represent the department on a contingency fee basis, unless the attorney general determines that requesting proposals is not feasible under the circumstances and prescribes the basis for this determination in writing. If the attorney general makes such a determination, the contract is not subject to chapter 23 of this title.