Section 12-310 – Reimbursement by State
(a) This section does not apply to the extent that a State officer or State employee is reimbursed under § 12-309 of this subtitle. (b) The State is liable to a State officer or State employee for reimbursement of court costs, counsel fees, and other reasonable expenses that the officer or employee incurs in defending an action […]
Section 12-313 – Restrictions on Representation
The Attorney General may not represent or appoint or provide counsel to represent a State officer or State employee: (1) in any investigation of the officer or employee by a criminal law enforcement agency; or (2) in any criminal action against the officer or employee in a court of the State or the United States.
Section 12-314 – Reimbursement Authorized
Subject to the limitations in this Part III of this subtitle, the Board of Public Works may approve reimbursement of a State officer or State employee or otherwise pay for reasonable counsel fees that the officer or employee incurred: (1) in connection with a criminal investigation into conduct as an officer or employee if the investigation […]
Section 12-315 – Limitations
(a) The Board of Public Works may not provide reimbursement or payment under this Part III of this subtitle unless: (1) the State officer or State employee submits to the Board a written application for reimbursement; and (2) the Attorney General certifies that: (i) the applicant retained counsel; (ii) the applicant gave the Attorney General written notice promptly after counsel […]
Section 12-316 – General Powers
As a condition to providing reimbursement under this Part III of this subtitle, the Board of Public Works or the Attorney General may require an applicant: (1) to answer questions under oath; and (2) to provide any information on the matter that was under criminal investigation or the subject of criminal charges.
Section 12-318 – Subrogation
If the officer or employee is awarded money in an action for false arrest, malicious prosecution, or other cause that arises from the investigation or charges, the State is subrogated to the extent of any reimbursement under this Part III of this subtitle.
Section 12-306 – Scope and Effect of Representation
(a) Representation under this Part II of this subtitle includes the right to assert a counterclaim or to assert or defend against a third party claim for the officer or employee. (b) The representation does not deprive any State officer, State employee, or unit of the State government of any sovereign immunity that is available to the […]
Section 12-307 – Confidentiality of Information
Information that the Attorney General obtains under § 12-304(a)(1)(iii) of this subtitle is confidential and inadmissible as evidence in any legal action or special proceeding. Reference to the information may not be made in any hearing or trial.
Section 12-308 – Required Findings
(a) If an action or special proceeding against a State officer or State employee in which the Attorney General has declined representation under § 12-304(b)(1) of this subtitle results in final judgment, the court or jury shall find whether: (1) the defense of sovereign immunity is available to the officer or employee; (2) the officer or employee was […]
Section 12-309 – Reimbursement by Party
(a) A court shall require reimbursement from the person who brings an action or proceeding against a State officer or State employee if: (1) judgment is rendered for the officer or employee; and (2) the court finds that the action or proceeding was instituted: (i) in bad faith; or (ii) without substantial justification. (b) Reimbursement shall consist of reasonable counsel fees […]