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 12-304 – Appearance of Attorney General
(a) (1) Except as otherwise provided in this Part II of this subtitle, the Attorney General shall appear in a civil action or special proceeding against a State officer or State employee to represent the officer or employee if: (i) the action or proceeding is in a court of the State or of the United States; (ii) the officer […]
Section 12-305 – Agreement for Representation
Before a State officer or State employee may be represented under this Part II of this subtitle, the Attorney General shall have the officer or employee enter into an agreement that: (1) enables the Attorney General to require, from the officer or employee, reimbursement of court costs, reasonable counsel fees, and other expenses in representing the […]
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 […]