The civic record
Read. Follow. Verify.North Dakota HB 1601 Restricts Attorney General Authority Over State Agency Legal Counsel Appointments
Last action · April 16, 2025: Second reading, failed to pass, yeas 9 nays 37Sponsors: Rep. O'Brien, Emily and 6 others
Track this bill to get notified when it advances a stage. One tap to stop, anytime.
What This Bill Proposed
House Bill 1601 restricts the North Dakota attorney general's ability to refuse or revoke appointments requested by the governor, state auditor, or ethics commission. The measure failed to pass in the Senate in April 2025 following a 9-37 vote.
Changes the legal employment authority and independence of attorneys representing specific constitutional offices and state boards by limiting the attorney general's discretionary control over their appointments.
Who It Would Have Affected
Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.
Attorney General
The attorney general's authority to refuse or revoke special assistant attorney general appointments requested by the governor, state auditor, or ethics commission is restricted.
Governor
The attorney general cannot refuse to appoint or revoke the appointment of an attorney employed by the governor as a special assistant attorney general without good cause.
State Auditor
The attorney general cannot refuse to appoint or revoke the appointment of an attorney employed by the state auditor as a special assistant attorney general without good cause.
Ethics Commission
The attorney general cannot refuse to appoint or revoke the appointment of an attorney employed by the ethics commission as a special assistant attorney general without good cause.
Key Facts
- The bill prohibits the attorney general from refusing to appoint or revoking the appointment of an attorney employed by the governor, state auditor, or ethics commission as a special assistant attorney general without good cause upon the entity's request.
- Specified agencies including workforce safety and insurance, the department of transportation, the state tax commissioner, the public service commission, the ethics commission, the insurance commissioner, the agriculture commissioner, and the securities commissioner may employ attorneys to represent them.
- Attorneys representing specified agencies must be appointed as special assistant attorneys general by the attorney general, and the attorney general may only revoke appointments for good cause or upon the requesting entity's request.
- Good cause is defined as an inadequate level of experience, competence, or ethical standards.
Show all 7 facts
- Moneys received by the attorney general in payment for legal services rendered to state entities must be deposited into the attorney general's operating fund.
- General fund moneys may not be used to pay for legal services provided by attorneys employed by the attorney general, except for payments required by the department of health and human services, department of environmental quality, and the state hospital.
- Special assistant attorneys general representing the state board of higher education may access and examine records under its control and are considered state educational officials under FERPA.
Frequently Asked Questions
Which offices gained protections regarding legal counsel appointments under the bill?
What is legally defined as 'good cause' for revoking an attorney's appointment?
What else do you want to know?
News Coverage
Follow the record
Votes, people, money & the original sourceWhere This Stands
This bill did not become law - Failed in the Senate.
Procedural history
11 actions- Apr 16, 2025SenateSecond reading, failed to pass, yeas 9 nays 37
- Apr 16, 2025SenateCommitteeAmendment adopted, placed on calendar
- Apr 15, 2025SenateCommitteeReported back amended, do pass, amendment placed on calendar 6 0 0
- Mar 28, 2025SenateCommitteeCommittee Hearing 10:00
- Mar 7, 2025SenateIntroducedIntroduced, first reading, referred State and Local Government Committee
- Feb 25, 2025SenateReceived from House
Show 5 earlier actions
- Feb 25, 2025HouseFloorSecond reading, passed, yeas 80 nays 10
- Feb 25, 2025HouseCommitteeAmendment adopted, placed on calendar
- Feb 24, 2025HouseCommitteeReported back amended, do pass, amendment placed on calendar 11 2 0
- Feb 6, 2025HouseCommitteeCommittee Hearing 08:30
- Jan 20, 2025HouseIntroducedIntroduced, first reading, referred Government and Veterans Affairs Committee
Version history
Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.
View official text →Lobbying Activity
No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.
Full breakdown
Who this bill affects and the strongest case for and against it, written only from the bill’s own text.
Sponsors
Connected Entities
Sources
ndlegis.gov
Analysis Score
0–100- Significance20Lowered because this bill did not pass (its text scored 50)
- Controversy60Intensity of disagreement among stakeholders
- Entertainment10Compellingness for a non-policy-wonk reader
- Buzz25Current news / social attention level
Publisher tools