Wilder v. Attorney General of Virginia

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.

The facts relevant to our resolution of this controversy are not in dispute. The Office of the Attorney General provides regular legal representation to the Commonwealth, her agencies and officers. On…