Tennessee Code Annotated

Tenn. Code Ann. § 8-6-106 (2026)

Employment of additional counsel

✓ current as of May 2026

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(a) In all cases where the interest of the state requires, in the judgment of the governor and attorney general and reporter, additional counsel to the attorney general and reporter or district attorney general, the governor shall employ such counsel, who shall be paid such compensation for services as the governor, secretary of state, and attorney general and reporter may deem just, the same to be paid out of any money in the treasury not otherwise appropriated, upon the certificate of such officers certifying the amount to the commissioner of finance and administration.

(b) Notwithstanding this section or any other law to the contrary, the attorney general and reporter or district attorney general shall inform the governor of, and consideration shall be given to, whether the person or firm to be employed as additional counsel:
- (1) To defend the state in any action is then serving as counsel for a party in any action by that party against the state and whether the action, if adjudicated in that party's favor, is likely to result in an increase in state expenditures; or
- (2) To prosecute any action on behalf of the state is then serving as counsel in defense of any action against the state.

(c) In all cases where, in the judgment of the speaker of the house of representatives and the speaker of the senate, the interest of the state requires additional counsel to the attorney general and reporter, the speaker of the house of representatives and the speaker of the senate shall retain additional counsel to prosecute an action against the federal government on behalf of the state; provided, that the representation must not include payment of a fixed or contingent fee to any such additional counsel or otherwise increase state expenditures.

Amended by 2023 Tenn. Acts, ch. 134,s 1, eff. 7/1/2023.

Acts 1865, ch. 23, §§ 1, 2; Shan., § 5759; Code 1932, § 9958; impl. am. Acts 1937, ch. 33, §§ 24, 29; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 8-606; Acts 2004, ch. 723, § 1.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1999–2025 · leading case: State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001).

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State Ex Rel. Comm'r of Transp. v. Med. Bird Black Bear White Eagle, 63 S.W.3d 734 (Tenn. Ct. App. 2001). · cites it 6× “62 In circumstances involving a conflict of interest due to the Attorney General’s personal involvement in a case, Tenn.Code Ann. § 8-6-106 (1993) provides: In all cases where the interest of the state requires, in the judgment of the governor and attorney general and reporter,…”

State v. Culbreath, 30 S.W.3d 309 (Tenn. 2000). · cites it 6× “Tenn.Code Ann. § 8-6-106 (1993). Although the statutory provisions in Tennessee, similar to the laws in other jurisdictions, purport to address the potential conflicts by requiring that the private attorney work under the supervision of the District Attorney or be compensated by…”

Pfizer, Inc. & Pharmacia Corp. v. Reagan Farr, Comm'r of Revenue, State of Tennessee (Tenn. Ct. App. 2012). · cites it 5× “Tenn. Code Ann. § 8-6-106 (2011). 6 The Council on State Taxation (“COST”) filed an amicus curiae brief with the trial court in support of Pfizer’s position and in opposition to the Commissioner’s motion to admit Mr.”

State of Tennessee, ex rel., Marlinee Iverson, Cnty. Attorney for Shelby Cnty., Tennessee v. Wanda Halbert (Tenn. Ct. App. 2025). · cites it 2× “2001) (holding that when “circumstances involving a conflict of interest due to the Attorney General’s personal involvement in a case” arise, statute provides for the employment of special counsel when the governor and the attorney general find that such counsel is needed…”

State v. Culbreath (Tenn. 2000). · cites it 4× “Tenn. Code Ann. § 8-6-106 (1993). Although the statutory provisions in Tennessee, similar to the laws in other jurisdictions, purport to address the potential conflicts by requiring that the private attorney work under the supervision of the District Attorney or be compensated…”

State v. Donald Culbreath & Genna McCallie (Tenn. Crim. App. 1999). · cites it 4× “On August 30, 1996, at DA Pierotti’s request, the Governor of Tennessee, pursuant to Tenn. Code Ann. § 8-6-106 , appointed Parrish as “additional counsel to the Attorney General in matters relating to.”

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