Arkansas Code Annotated

Ark. Code Ann. § 25-16-702 (2020)

Representation of state agencies and officers generally — Employment of outside counsel

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. The Attorney General shall be the attorney for all state officials, departments, institutions, and agencies. Whenever any officer or department, institution, or agency of the state needs the services of an attorney, the matter shall be certified to the Attorney General for attention.
    1. All office work and advice for state officials, departments, institutions, and agencies shall be given by the Attorney General and his or her assistants, and no special counsel shall be employed or additional expense paid for those services.
    2. If, in the opinion of the Attorney General, it shall at any time be necessary to employ special counsel to prosecute any suit brought on behalf of the state or to defend a suit brought against any official, board, commission, or agency of the state, the Attorney General, with the approval of the Governor, may employ special counsel. The compensation for the special counsel shall be fixed by the court where the litigation is pending, with the written approval of the Governor and the Attorney General. The Attorney General shall not enter into any contract for the employment of outside legal counsel without first seeking prior review by the Legislative Council.
  2. If any official, department, institution, or agency of the state needs the service of an attorney and the Attorney General fails to render the service when requested in writing, then, upon the establishment of that fact, the Governor may appoint counsel to look after the matter or may authorize the employment of counsel by the officer, department, agency, or institution needing the services of an attorney.
  3. Any person violating the provisions of this section shall be subject to indictment and upon conviction fined in any sum not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000) and, upon proper proceedings, removed from office.
  4. The Attorney General shall have authority to initiate civil lawsuits under all state and federal environmental protection statutes.

History. Acts 1933, No. 14, §§ 1, 2, 5-7; Pope's Dig., §§ 5599, 5600, 5602-5604; A.S.A. 1947, §§ 12-701, 12-708 — 12-711; Acts 1989 (1st Ex. Sess.), No. 46, § 16; 1991, No. 609, § 2.

Publisher's Notes. Acts 1991, No. 609, § 1, provided:

“It is the public policy of this state that vigorous efforts be made to protect our fragile environment. Recognizing that duties concerning protection of the environment have been assigned to several agencies of state government, it is found that to enhance efforts to protect the environment, authority for instituting civil suits to protect the environment in the courts of this state and of the United States should be placed in the office of the Attorney General.”

Acts 1991, No. 609, § 3, provided:

“This Act shall not be construed as superseding or impairing any legal authority currently vested with the Arkansas Department of Pollution Control and Ecology, nor shall this Act in any way affect programs delegated by federal agencies to the Arkansas Department of Pollution Control and Ecology.”

Cross References. Consumer Protection Division, § 4-88-105.

Criminal extradition, duties of Attorney General, § 16-94-204.

Duty to defend cities, towns, counties, § 21-9-304.

Suits for recovery of state property and lands, § 22-5-401.

Tax collection duties, §§ 26-26-1614, 26-26-1704, 26-26-1706.

Research References

Ark. L. Rev.

Katherine E. McDonald, Comment: “Pay to Sue” — Contingency-Fee Arrangements When Representing the State: A Review of Section 25-16-702 of the Arkansas Code, 66 Ark. L. Rev. 775 (2013).

Case Notes

Agency Representation.

Attorney general's office did not have an irreconcilable conflict of interest in representing the Arkansas Board of Architects where it also represented the State Board of Registration for Professional Engineers and Land Surveyors in disciplinary proceedings against engineers; the Attorney General was only representing the Board of Architects, not the Board of Engineering, and the latter board was in no way involved in this case. Holloway v. Ark. State Bd. of Architects, 352 Ark. 427, 101 S.W.3d 805 (2003).

Property owners' challenge to the Attorney General's representation was rejected where among those sued by the property owners were state agency employees, members of the licensing board, and the state attorney who advised the agencies. Watkins v. Ark. Dep't of Agric., 2018 Ark. App. 460, 560 S.W.3d 814 (2018).

Intervention.

The Attorney General can intervene in any suit involving any agency or department if his services are “necessary and desirable.” Parker v. Murry, 221 Ark. 554, 254 S.W.2d 468 (1953); Newton County v. West, 293 Ark. 461, 739 S.W.2d 141 (1987).

Attorney General was not entitled to intervene in proceeding for the purpose of defending state officer who was being defended by his own attorney in absence of showing that attorney was not efficiently representing officer. Parker v. Murry, 221 Ark. 554, 254 S.W.2d 468 (1953).

Jurisdiction.

The chancery court lacked subject-matter jurisdiction to issue the writ of mandamus to restrain the counsel for the Arkansas Department of Finance and Administration from representing the State of Arkansas before the United States Supreme Court, the effect of which was to thwart the state's certiorari petition from being docketed in the Supreme Court. Barclay v. Farm Credit Servs., 340 Ark. 65, 8 S.W.3d 517 (2000).

Cited: Rodgers v. University of Ark. for Medical Sciences, 275 Ark. 139, 628 S.W.2d 11 (1982); Holloway v. State Bd. of Architects, 79 Ark. App. 200, 86 S.W.3d 391 (2002).

Notes of Decisions
Cited in 13 cases (7 in the last 5 years), 2000–2025 · leading case: Tim Griffin v. Arkansas Bd. of Corr., 2025 Ark. 81, 711 S.W.3d 784.
Tim Griffin v. Arkansas Bd. of Corr., 2025 Ark. 81, 711 S.W.3d 784. · cites it 18× “” Ark. Code Ann. § 25-16-702 (a). But that duty depends on the relevant entity 7 certifying its need for representation: when one of those entities “needs the services of an attorney, the matter shall be certified to the Attorney General for attention.”
Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003). · cites it 4× “Ark. Code Ann. § 25-16-702 (a) (Repl. 2002) establishes that “the Attorney General shall be the attorney for all state officials, departments, institutions, and agencies.”
Taylor v. Zanone Props., 30 S.W.3d 74 (Ark. 2000). · cites it 8× “The chancery court instead held that the commissions were already parties to the action because the Attorney General is required to represent all state agencies pursuant to Arkansas Code Annotated section 25-16-702 (Repl.1996). According to the court's reasoning, because the…”
Watkins v. Rowland, 560 S.W.3d 814 (Ark. Ct. App. 2018). · cites it 4× “" Appellants' reliance on this statutory section is misguided because immediately thereafter Arkansas Code Annotated section 25-16-702(a) clearly provides that "the Attorney General shall be the attorney for all state officials, departments, institutions, and agencies.”
Gyronne Buckley v. Keith Ray, 848 F.3d 855 (8th Cir. 2017). “See Ark. Code Ann. § 25-16-702 (a). As part of their representation, they accessed the records from Buckley’s 1999 conviction.”
Barclay v. Farm Credit Servs., 8 S.W.3d 517 (Ark. 2000). · cites it 2× “Indeed, at the time DFA petitioned this court for a writ of certiorari on December 8, 1999, the Attorney General had already declined the invitation to represent the State and Governor Huckabee had appointed Martha Hunt as counsel to represent the State before the United States…”
Leslie Rutledge v. Pratt Cates Remmel, 2022 Ark. 86, 643 S.W.3d 5. · cites it 4× “Next, plaintiffs allege the Attorney General’s separate statutory duty to represent state agencies under Ark. Code Ann. § 25-16-702 restricts her power to defend the state’s interest under section 703 discussed above.”
Leslie Rutledge v. Pratt Cates Remmel, 2022 Ark. 86. · cites it 4× “Next, plaintiffs allege the Attorney General’s separate statutory duty to represent state agencies under Ark. Code Ann. § 25-16-702 restricts her power to defend the state’s interest under section 703 discussed above.”
Ricky Lee Scott v. Rhonda Sullivan, 2025 Ark. 152, 720 S.W.3d 865. · cites it 2× “See Ark. Code Ann. § 25-16-702 (a) (Repl. 2024).”
Holloway v. Arkansas State Bd. of Architects, 86 S.W.3d 391 (Ark. Ct. App. 2002). · cites it 4× “” Ark. Code Ann. § 25-16-702 (a) (Repl. 2002).”
Sarah Sanders v. Arkansas Bd. of Corr., 2025 Ark. 102. · cites it 3× “Appellants argued that his representation was in violation of Ark. Code Ann. § 25-16-702 (Repl. 2024), because the Board did not obtain the requisite approval before retaining Mehdizadegan.”
Christian Ministerial All. v. Arkansas, State of, No. 4:19-cv-00402 (E.D. Ark. July 25, 2023). · cites it 2× “Ark. Code Ann. § 25-16-702 (a). 179. The Attorney General’s duty to “maintain and defend the interests of the state in matters before the United States Supreme Court and all other federal courts” does not confer any enforcement method over the system for electing Arkansas’s…”
Ark. Code Ann. § 25-16-702(a): 2 cases
Watkins v. Rowland, 560 S.W.3d 814 (Ark. Ct. App. 2018). “" Appellants' reliance on this statutory section is misguided because immediately thereafter Arkansas Code Annotated section 25-16-702(a) clearly provides that "the Attorney General shall be the attorney for all state officials, departments, institutions, and agencies.”
Taylor v. Zanone Props., 30 S.W.3d 74 (Ark. 2000). “The chancery court instead held that the commissions were already parties to the action because the Attorney General is required to represent all state agencies pursuant to Arkansas Code Annotated section 25-16-702 (Repl.1996). According to the court's reasoning, because the…”
Ark. Code Ann. § 25-16-702(b): 1 case
Holloway v. Arkansas State Bd. of Architects, 101 S.W.3d 805 (Ark. 2003). “Ark. Code Ann. § 25-16-702 (a) (Repl. 2002) establishes that “the Attorney General shall be the attorney for all state officials, departments, institutions, and agencies.”
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