CHARLESTON, W.Va. — The state Supreme Court has upheld the state Attorney General’s practice of hiring outside legal counsel on some cases.
The High Court’s unanimous opinion issued Tuesday follows oral arguments last month where a pair of plaintiffs representing large corporations argued the practice was against state law and unethical.
Attorney Robert Trenchard told the Court the outside attorneys were more concerned about making money for themselves in contingency fees than representing the interests of the state.
In its written opinion, the High Court called the argument deficient.
“There was not one allegation that the special assistant attorneys general have actually engaged in any improper conduct that has caused an injury,” the opinion said.
The High Court concluded the Attorney General’s Office has common law authority to appoint special assistant attorneys general in certain cases.
Former state Attorney General Darrell McGraw was often criticized for hiring outside counsel on cases and the money the attorneys ultimately received. New state Attorney General Patrick Morrisey has said he will continue to use outside counsel in some cases but will do so through a bidding process.
Morrisey was pleased with the Court’s decision Tuesday. He tweeted:
“WV Sup Ct decision also allows our office to effectively prosecute consumer protection cases. We fought for this and the Court agreed.”
Morrisey’s office put out a statement later where the AG concluded:
“In short, this was a major victory for this office and our pursuit of making it the best law firm in the state.”
The original cases were based in Mason and Wayne counties.