Kentucky Revised Statutes

Ky. Rev. Stat. § 12.210 (2026)

Power of Governor or state department to employ attorneys --

✓ current as of May 2026

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Compensation -- Employment by more than one department. (1) The Governor, or any department with the approval of the Governor, may employ and fix the term of employment and the compensation to be paid to an attorney or attorneys for legal services to be performed for the Governor or for such department. An attorney hired for the collection of revenue owed to the state by a resident shall not be hired by personal service contract. The compensation and expenses of any attorney or attorneys employed under the provisions of this section shall be paid out of the appropriations made to such department as other salaries, compensation and expenses are paid, except when the terms of employment provide that the compensation shall be on a contingent basis, and in such event the attorneys may be paid the amount specified out of the moneys recovered by them or out of the general fund. If the Governor approves the employment, the terms of employment shall be duly entered by executive order upon the executive journal in the Office of the Secretary of State. (2) An attorney may be employed pursuant to the provisions of subsection (1) of this section to render legal services for one (1) or more departments, boards, program cabinets, offices or commissions. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 532, sec. 7, effective July 14, 2000. -- Amended 1984 Ky. Acts ch. 405, sec. 1, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 74 Art. 1, sec. 12. -- Amended 1960 Ky. Acts ch. 68, Art. II, sec. 4. -- Created 1948 Ky. Acts ch. 122, sec. 2.

Notes of Decisions

Cited in 13 cases (5 in the last 5 years), 1959–2023 · leading case: Jim Wayne in His Off. Capacity as State Rep. v. Commonwealth of Kentucky Off. of the Governor Matthew Bevin in His Off. Capacity as Governor, 498 S.W.3d 355 (Ky. 2016).

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Jim Wayne in His Off. Capacity as State Rep. v. Commonwealth of Kentucky Off. of the Governor Matthew Bevin in His Off. Capacity as Governor, 498 S.W.3d 355 (Ky. 2016). · cites it 9× “1942), for the proposition that by enacting KRS 12.210, which authorizes state agencies to hire outside counsel, the General Assembly acted to limit the Attorney General's common- law power.”

Pritchett v. Marshall, 375 S.W.2d 253 (Ky. Ct. App. 1963). · cites it 6× “KRS 12.210 authorizes a “department” to employ counsel at public expense only upon approval of the Governor, which was not sought or obtained in this case.”

Hogan v. Glasscock, 324 S.W.2d 815 (Ky. Ct. App. 1959). · cites it 3× “Appellants contend appellees had no authority to make such expenditures from school funds because a county board of education is a state agency and its members, superintendent and treasurer are state officers, and the attorneys involved were not employed in conformity with KRS…”

Commonwealth of Kentucky Ex Rel. Andy Beshear, Attorney Gen. v. Commonwealth of Kentucky Off. of the Governor Ex Rel. Matthew Bevin in His Off. Capacity as Governor (Ky. 2016). · cites it 3× “1942), for the proposition that by enacting KRS 12.210, which authorizes state agencies to hire outside counsel, the General Assembly acted to limit the Attorney General's common- law power.”

Jim Wayne in His Off. Capacity as State Rep. v. Commonwealth of Kentucky Off. of the Governor Matthew Bevin in His Off. Capacity as Governor (Ky. 2016). · cites it 3× “1942), for the proposition that by enacting KRS 12.210, which authorizes state agencies to hire outside counsel, the General Assembly acted to limit the Attorney General's common- law power.”

Jim Wayne in His Off. Capacity as State Rep. v. Commonwealth of Kentucky Off. of the Governor Matthew Bevin in His Off. Capacity as Governor (Ky. 2017). · cites it 3× “1942), for the proposition that by enacting KRS 12.210, which authorizes state agencies to hire outside · counsel, the General Assembly acted to limit the Attorney General's common- law power.”

Commonwealth of Kentucky Ex Rel. Andy Beshear, Attorney Gen. v. Commonwealth of Kentucky Off. of the Governor Ex Rel. Matthew Bevin in His Off. Capacity as Governor (Ky. 2017). · cites it 3× “1942), for the proposition that by enacting KRS 12.210, which authorizes state agencies to hire outside · counsel, the General Assembly acted to limit the Attorney General's common- law power.”

Cameron v. EMW Women's Surgical Ctr., P. S. C., 595 U.S. 267 (2022). “Ante, at 8; see Ky. Rev. Stat. Ann. §12.210 (1) (West 2021).”

Cameron v. EMW Women's Surgical Ctr., P. S. C. (2022). “Ante, at 8; see Ky. Rev. Stat. Ann. §12.210 (1) (West 2021).”

Mark Stonex v. Cailtlin Higinbotham (Ky. Ct. App. 2022). “-4- (1) By the Attorney General; (2) By employing other counsel for this purpose as provided for in KRS 12.210; (3) By authorizing the purchase of insurance which requires that the insurer provide or underwrite the cost of the defense; or (4) By authorizing defense by counsel…”

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