The state shall not enter into a contract with a private attorney located outside this state unless the attorney general determines that at least one of the following applies:
(A) There are no private attorneys with an office in this state that are willing to accept the legal representation.
(B) All private attorneys with offices in this state that possess the necessary experience or capability are conflicted and unable to represent the state or the attorney general or lack necessary personnel and capacity in the firm to take on the engagement.
(C) The attorney general is prevented from engaging a private attorney with an office in this state under the rules of the controlling board regarding waiver of competitive selection.
(D) There are no private attorneys with offices in this state that possess the necessary experience, capability, or capacity required by the contemplated engagement.
Added by 131st General Assembly File No. TBD, SB 38, §1, eff. 8/12/2015.
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