WILDER v. ATTORNEY GENERAL OF VIRGINIA

Record No. 930413.

439 S.E.2d 398 (1994)

The Honorable L. Douglas WILDER, Governor of the Commonwealth v. The ATTORNEY GENERAL OF VIRGINIA.

Supreme Court of Virginia.

January 7, 1994.


Attorney(s) appearing for the Case

Kenneth C. Bass, III, Washington, DC (Benjamin R. Civiletti, James A. Dunbar, Venable, Baetjer & Howard, on briefs), for appellant.

R. Claire Guthrie, Chief Deputy Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., Peter R. Messitt, Julie A. Stanley, Asst. Attys. Gen., on brief), for appellee.

Amicus Curiae: (Ralph L. Axselle, Jr., Walter H. Ryland, Williams, Mullen, Christian & Dobbins, Richmond, on brief), in support of appellee.

Amicus Curiae: (Alexander W. Bell, Lynchburg, on brief), in support of appellee.

Amicus Curiae: (John A. Gibney, Jr., Lee Fisher, Atty. Gen. of Ohio, Nancy J. Miller, Chief Counsel, Loren L. Braverman, Deputy Chief Counsel, Andrew I. Sutter, Andrew S. Bergman, Asst. Attys. Gen., Shuford, Rubin & Gibney, P.C., Richmond, on brief), in support of appellee.

Present: All the Justices.


HASSELL, Justice.

Code § 2.1-122 permits the Governor of Virginia, under certain circumstances, to employ "special counsel" to act instead of the Attorney General. The narrow issue we consider in this appeal is whether under the facts presented, counsel appointed by the Governor to provide comprehensive legal representation to a state agency constitutes special counsel within the intendment of Code § 2.1-122.

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