Senate rejects bill limiting Attorney General control over special assistant designations

MADAM PRESIDENT — The North Dakota Senate voted down House Bill 1601 on final passage after extended debate about whether the attorney general should retain exclusive control over special assistant attorney general (SAAG) designations.

Supporters said the bill would create a firewall so independent constitutional offices could secure outside counsel without fear of political interference. Opponents said the existing structure aligns responsibility with ultimate legal responsibility and that no abuse had been shown to justify the change.

The bill’s sponsor, Senator Cody Brownberger, told the chamber the measure would ‘‘create a area so that there’s independence with the auditor’s office, the ethics commission, so that they don’t feel like the lawyers that are with those divisions are serving two masters.’’

Senator Tom Deaver, an opponent, argued the current 30‑year practice gives the attorney general aligned authority and responsibility "located within the office of the attorney general" and warned against making a change without evidence of abuse. Senator Keith Sickler and Senator Dan Dwyer likewise urged rejection, citing existing ethical rules for attorneys and concerns this bill was a "solution looking for a problem."

The Senate adopted a proposed amendment to clarify the measure’s language but, on final passage, recorded 9 ayes, 37 nays and 1 absent; the bill failed.

The vote leaves current practice unchanged: special assistant designations remain subject to the attorney general’s approval and revocation under existing state law.

Notes: The engrossed bill would have amended Section 54‑12‑08 of the North Dakota Century Code relating to special assistant attorneys general. The Senate recorded the final tally as 9 ayes, 37 nays, 1 absent; the bill was lost.