46-1222a. Legislative counsel; duties.
46-1222a
46-1222a. Legislative counsel; duties.(a) There is hereby established the office of legislativecounsel. The legislativecounsel shall be appointed by the legislative coordinating council and shall bean attorney in theprivate practice of law employed by the legislative coordinating councilpursuant to a contractentered into by the legislative coordinating council and such attorney.
(b) No person shall be eligible for appointment as legislative counselunless: (1) Such personhas been admitted to practice law in Kansas for not less than five years priorto appointment; and (2)such person is admitted to practice in the federal court. In addition to theforegoing qualifications,in considering a person for appointment as legislative counsel the legislativecoordinating councilshall investigate such person's experience in legal research, trial andappellate practice and relatedareas in order that such person shall possess the experience and judgmentdeemed necessary to fulfillthe duties and responsibilities of the office. The legislative coordinatingcouncil shall further makesuch investigation of a person considered for appointment as will ensure thatsuch person is of highprofessional standing.
(c) No person who is a member of the legislature and no person who is amember or partnerof a firm, partnership, corporation, limited liability company or otherbusiness entity of which alegislator is a member or partner shall be eligible for appointment aslegislative counsel.
(d) The provisions of the contract entered into by the legislativecoordinating council andthe legislative counsel shall provide that the legislative counsel may beremoved from the positionand the contract terminated by a vote of five members of the legislativecoordinating council takenat any regular meeting of the council. The legislative counsel shall receivecompensation fixed bythe legislative coordinating council in accordance with the contract. Thecontract shall provide forsuch other matters as the parties to the contract deem appropriate.
(e) Expenditures provided for in this act shall not be subject to approvalunder any otherstatute and shall be paid from appropriations for the legislature. No contractmade under authorityof this act shall require approval under any other statute.
(f) The legislative counsel shall represent the legislature, or either housethereof, in anyschool finance litigation or other cause or matter as directed by thelegislative coordinating council. In cases of quo warranto and mandamus thelegislative counsel shall have the same powers andstanding in all courts of this state as any county attorney or districtattorney has in such attorney'scounty or in the supreme court and as the attorney general has in any court.When the legislature isin session, either house thereof by its resolution, or both houses byconcurrent resolution mayauthorize the legislative coordinating council to direct the legislativecounsel to bring or participatein any cause or action by representing the legislature or either house thereofor the legislativecoordinating council in any court of this state or of the United States. Whenthe legislature is not insession, the legislative coordinating council may direct the legislativecounsel to bring or participatein any cause or action by representing the legislature or either house thereofor the legislativecoordinating council in any court of this state or of the United States inaccordance with directionsof the legislative coordinating council.
(g) The legislative counsel shall render unofficial advisory opinions uponsuch legalquestions submitted by any member or any standing or special committee of thelegislature, all inaccordance with policies to be established by the legislative coordinatingcouncil. Upon directionof the legislative coordinating council, the legislative counsel shall act ascounsel to specialcommittees of the legislature and shall provide investigative assistance,conduct examination ofwitnesses and participate in committee hearings and deliberations as deemednecessary by thecommittee chairpersons.
(h) The legislative counsel shall perform such other duties as are directedby the legislativecoordinating council.
History: L. 2005, ch. 2, § 9 (Special Session); July 28.