Los Angeles Times

Assemblyma­n says hiring Holder breaks state law

GOP lawmaker blasts move to contract services with ex-U.S. attorney general.

- MELANIE MASON melanie.mason@latimes.com

SACRAMENTO — Legislativ­e leaders brought in the legal big guns to fend off President-elect Donald Trump when they announced last week they selected former U.S. Atty. Gen. Eric Holder Jr. to help craft policy and courtroom strategy against the incoming president.

But Republican Assemblyma­n Kevin Kiley says the new hire is against the law.

Kiley, a freshman lawmaker representi­ng the Sacramento suburbs, asserted late last week that by retaining Holder’s firm, Covington & Burling, the Legislatur­e violated the state Constituti­on.

In a letter to the state attorney general’s office, Kiley cites Article VII of the California Constituti­on, which forbids the state from privately contractin­g for services that could be rendered “adequately and competentl­y” by existing civil employees.

Kiley notes that the state attorney general’s office consists of more than 1,500 attorneys and profession­al staff, including a division that coordinate­s the attorney general’s communicat­ions with the Legislatur­e.

“In light of these facts, I respectful­ly ask your legal opinion as to whether the 1,592 attorneys and legal staff at the State Attorney General’s Office can perform ‘adequately and competentl­y’ the legal services for which Covington & Burling has been retained by the Legislatur­e,” Kiley wrote.

He requested that the attorney general’s office respond with a legal opinion to his query — a process that could take months.

Aides to Senate President Pro Tem Kevin de León (D-Los Angeles) and Assembly Speaker Anthony Rendon (D-Paramount) dismissed Kiley’s charge, noting the Legislatur­e has retained outside counsel for legal advice in the past.

“The Legislatur­e has inherent power to obtain the services of the best resources available to it to understand the implicatio­ns of public policy in its lawmaking function, including the interactio­n between state and federal law,” said Anthony Reyes, a spokesman for De León. “The provisions of law requiring a state agency to obtain the consent of the attorney general before employing outside counsel expressly exclude the Legislatur­e.”

 ?? J. Scott Applewhite AP ?? ERIC Holder will offer legal counsel to state.
J. Scott Applewhite AP ERIC Holder will offer legal counsel to state.

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