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Commission counsel warns Senate bill would limit local use of contingency‑fee lawyers
Summary
County counselor Justin Wagner told the board Senate Bill 242 would require public hearings, multi‑step justification and a governing‑body vote before hiring outside counsel on contingency, and would allow the Kansas attorney general 90 days to review denials; commissioners signaled likely opposition and asked staff for talking points.
Justin Wagner, the county counselor, reviewed Senate Bill 242 and warned it would change how local governments hire outside counsel on contingency. He described the contingency‑fee model (paying counsel a percentage of recoveries rather than hourly rates) and said the bill would require a public hearing, a multistep disclosure process and a public vote before a municipality could retain such counsel.
Wagner added the bill would permit the Kansas attorney general to review and effectively decide disputed hires and could introduce delays of several months; he cautioned that the bill might require waiving attorney‑client privilege and could impede timely legal representation. Wagner said contingency agreements can be beneficial in certain cases (for example, collections or large settlements) and referenced the county’s prior opioid‑settlement contingency work.
Commissioners reacted negatively and indicated they would likely oppose Senate Bill 242; Wagner said he would circulate proposed talking points and suggested an email campaign to the Senate Judiciary Committee given the upcoming Monday hearing at 10:30 a.m.
No formal position or recorded vote appeared in the transcript; staff will prepare suggested testimony and language for commissioner review.
