concurring.
A private attorney represented the State in this proceeding. This was contrary to N.D.C.C. §§ 54-12-01 and 54-12-08 — a fact not recognized until oral argument. Courts should not permit a private attorney, without an appointment of that individual by the Attorney General, to represent the State of North Dakota in litigation.
VANDE WALLE, C.J., and NEUMANN, J., concur.