Attorney General Leslie Rutledge is proposing creating a solicitor general post in her office with a maximum-authorized salary of $124,595.
The solicitor general's duties would include advising the office's attorneys on all matters before the Arkansas Supreme Court, the 8th U.S. Circuit Court of Appeals and the U.S. Supreme Court, the Republican attorney general told the Joint Budget Committee's Personnel Subcommittee.
"With 70-plus lawyers on staff and matters every day, including lawsuits that come from statutes that are passed out of this great body, we want to ensure an expertise that is focused strictly on the multistate complex litigation such as [those] that receive settlement monies and to argue those cases before the U.S. Supreme Court [and] to go before the U.S. Supreme Court if need be in cases such as the Amendment 83 case before the 8th Circuit and Arkansas Supreme Court," said Rutledge, who was sworn into office on Jan. 13.
Amendment 83, approved by 75 percent of the state's voters in 2004, defines marriage as between a man and woman. A federal judge and a Pulaski County circuit judge have ruled the amendment unconstitutional. Those rulings have been stayed while the state appeals them.
Rutledge said the duties of the proposed solicitor general are currently handled by the office's deputies, chief deputy and the attorney general.
Thirty-seven states have solicitor generals, she said.
"It is our intention to be the best law firm in the state and to win, and so we want to bring on someone to focus on winning these multistate, complex [lawsuits] ... when the state is defending Arkansas against actions by the federal government," Rutledge said.
She proposed increasing her office's operations budget for fiscal 2016 by $116,798 without increasing the office's maximum number of employees, which is 174. In addition to adding a solicitor general, Rutledge proposed eliminating a courier position that has a maximum annual salary of $29,351. The office currently has 147 employees.
The Joint Budget Committee's Personnel Subcommittee recommended authorizing the attorney general to eliminate the courier position and add a solicitor general, but it didn't support the proposed budget increase, saying Rutledge could find money for the salary elsewhere in her budget.
The funding measure, House Bill 1155, now goes to the Legislature's Joint Budget Committee.
Subcommittee co-chairman Sen. Bart Hester, R-Cave Springs, said the governor's office "has us on lockdown on the Central Services [Fund].
"The prosecuting attorneys have not been approved any [new] positions. The public defenders have not been approved [for new] positions" so far, Hester said.
"If we approved this position without the increased funding, do you think you can absorb it in your budget?"
Rutledge said that while she would prefer to have the flexibility that increased funding would provide, it's reasonable to assume her office could absorb the cost of the new position.
"Rather than creating a new position, we identified one that we do not use and therefore we are replacing this position with one," Rutledge said.
Sen. Linda Chesterfield, D-Little Rock, wondered what type of experience Rutledge expects from a solicitor general for a maximum authorized salary of $124,595.
Chesterfield said that salary level "is a minuscule amount when you are talking about a successful law practice."
"Do you have someone in mind?"
In response, Rutledge said she didn't.
She said she wants someone with experience in the 8th U.S. Circuit Court of Appeals who has argued before the U.S. Supreme Court.
Chesterfield asked, "And you anticipate being able to do that with this salary?"
Rutledge said: "Yes, senator. The role of solicitor general is a highly sought-after role across many states because of the opportunity to deal with such complex cases and defend the rights of people in an individual state. While we would certainly be looking for someone in Arkansas, I believe that this would be a national search."
Metro on 03/11/2015