(a) Establishment; appointment of
Counsel and Deputy Counsel; Senate approval; reappointment; compensation
(1) There is
established, as an office of the Senate, the Office of Senate Legal Counsel
(hereinafter referred to as the “Office”), which shall be headed by a Senate
Legal Counsel (hereinafter referred to as the “Counsel”); and there shall be a
Deputy Senate Legal Counsel (hereinafter referred to as the “Deputy Counsel”)
who shall perform such duties as may be assigned to him by the Counsel and who,
during any absence, disability, or vacancy in the position of the Counsel,
shall serve as Acting Senate Legal Counsel.
(f) Attorney-client relationship The Counsel and other
employees of the Office shall maintain the attorney-client relationship with
respect to all communications between them and any Member, officer, or employee
of the Senate.
(a) Accountability of Office The Office shall be directly accountable to
the Joint Leadership Group in the performance of the duties of the Office.
(b) Membership For purposes of this chapter, the Joint Leadership Group
shall consist of the following Members:
(1) The President pro tempore
(or if he so designates, the Deputy President pro tempore) of the Senate.
(2) The majority and minority
leaders of the Senate.
(3) The Chairman and ranking
minority Member of the Committee on the Judiciary of the Senate.
(4) The Chairman and ranking
minority Member of the committee of the Senate which has jurisdiction over the
contingent fund of the Senate.
(c) Assistance of Secretary of
Senate The Joint Leadership Group shall be assisted in the performance of its
duties by the Secretary of the Senate.
(a) Direction of Joint Leadership Group or Senate
resolution The Counsel shall defend the Senate or a committee, subcommittee,
Member, officer, or employee of the Senate under section 288c of this title only
when directed to do so by two-thirds of the Members of the Joint Leadership
Group or by the adoption of a resolution by the Senate.
(a)
Except as otherwise provided in subsection (b) of this
section, when directed to do so pursuant to section 288b (a) of this title, the
Counsel shall—
(1) defend the Senate, a
committee, subcommittee, Member, officer, or employee of the Senate in any
civil action pending in any court of the United States or of a State or
political subdivision thereof, in which the Senate, such committee,
subcommittee, Member, officer, or employee is made a party defendant and in
which there is placed in issue the validity of any proceeding of, or action,
including issuance of any subpoena or order, taken by the Senate, or such
committee, subcommittee, Member, officer, or employee in its or his official or
representative capacity; or
(2) defend the Senate or a
committee, subcommittee, Member, officer, or employee of the Senate in any proceeding
with respect to any subpoena or order directed to the Senate or such committee,
subcommittee, Member, officer, or employee in its or his official or
representative capacity.
(b) Representation of a Member,
officer, or employee under subsection (a) of this section shall be undertaken
by the Counsel only upon the consent of such Member,* officer, or
employee.
*This section of 2 U.S.C. 288, together with other federal law means that each individual senator in the United States Senate had to individually and voluntary consent to Karen D. Utiger representing them to oppose obeying Article V of the United States Constitution. The Senate counsels merely served as spokesman to relay the group decision to Ms. Utiger.