Directs the Department of Justice to report annually to the Joint Committee on Ways and Means and the committees of the Legislative Assembly related to the judiciary on the use of outside counsel to defend state agencies in lawsuits.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 746
Sponsored by Senators GELSER BLOUIN, BONHAM, GOLDEN; Senator WEBER (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act tells DOJ to make a yearly report on the use of outside counsel to defend state
agencies. (Flesch Readability Score: 71.7).
Directs the Department of Justice to report annually to the Joint Committee on Ways and
Means and the committees of the Legislative Assembly related to the judiciary on the use of outside
counsel to defend state agencies in lawsuits.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to the use of outside counsel by the Department of Justice; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
On or before March 1 of each year, the Department of Justice shall report
to the Joint Committee on Ways and Means and to the committees of the Legislative As-
sembly related to the judiciary in the manner provided by ORS 192.245 on the use of outside
counsel to defend state agencies in lawsuits. The report must include the following informa-
tion about the previous calendar year:
(1) The name of each law firm retained by the department to defend a state agency in a
lawsuit, the total amount paid to the firm for legal fees in the previous calendar year and
the amount of outstanding accounts payable as of December 31 of the previous calendar year.
(2) The total amount of costs of legal defense work attributed to each state agency being
defended by outside counsel.
(3) The name and docket number of each case filed in state or federal court for which
the department has obtained outside counsel that was active at any point during the previous
calendar year.
(4) The number of hours billed by the department’s attorneys to each state agency being
defended with regard to the cases using outside counsel.
(5) The hourly rates included in the contract for outside counsel and the hourly rate at
which the department’s attorneys working on the same case are compensated.
(6) A list of the name and amount of any political contribution over $750 made to a can-
didate or holder of statewide office by an attorney, partner or agent of each firm that served
as outside counsel to defend a state agency in a lawsuit in the previous calendar year.
(7) Information regarding the selection process for outside counsel, contract provisions
and deliverables.
SECTION 2.
(1) The Department of Justice shall submit the first report under section 1
of this 2025 Act no later than March 1, 2026.
NOTE:Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2261
SB 746
1
2
3
4
5
6
7
8
9
10
11
(2) In addition to the requirements of section 1 of this 2025 Act, the first report under
section 1 of this 2025 Act must include, for each calendar year beginning in 2022:
(a) The names of the three law firms receiving the highest total payments for legal de-
fense work;
(b) The total amount in fees and costs paid to each firm listed under paragraph (a) of this
subsection; and
(c) The total number of cases to which the firms listed in paragraph (a) of this subsection
were assigned as outside counsel and the name and docket number of each of those cases.
SECTION 3.
This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die.
[2]