CHAPTER 13. DEFENSE OF JUDGES AND PROSECUTING ATTORNEYS
IC 33-23-13
Chapter 13. Defense of Judges and Prosecuting Attorneys
IC 33-23-13-1
"Judge" defined
Sec. 1. As used in this chapter, "judge" has the meaning set forth
in IC 33-38-12-3.
As added by P.L.98-2004, SEC.2.
IC 33-23-13-2
"Prosecuting attorney" defined
Sec. 2. As used in this chapter, "prosecuting attorney" includes a
senior prosecuting attorney appointed under IC 33-39-1.
As added by P.L.98-2004, SEC.2.
IC 33-23-13-3
Defense by attorney general or private counsel
Sec. 3. If a judge or prosecuting attorney is sued for civil damages
or equitable relief and the suit would be construed, under notice
pleading, as arising out of an act performed within the scope of the
duties of the judge or prosecuting attorney, the attorney general shall:
(1) defend the judge or prosecuting attorney in the suit; or
(2) authorize the executive director of the division of state court
administration to hire private counsel to provide the defense.
As added by P.L.98-2004, SEC.2.
IC 33-23-13-4
Criminal or disciplinary proceedings
Sec. 4. This chapter does not permit the appointment of counsel
for the defense of a judge or prosecuting attorney in criminal or
disciplinary proceedings.
As added by P.L.98-2004, SEC.2.
IC 33-23-13-5
Right to select defense counsel; responsibility for civil damages
Sec. 5. This chapter does not:
(1) deprive a judge or prosecuting attorney of the judge's or
prosecuting attorney's right to select defense counsel of the
judge's or prosecuting attorney's own choice at the judge's or
prosecuting attorney's own expense; or
(2) relieve a prosecuting attorney from responsibility for civil
damages.
As added by P.L.98-2004, SEC.2.
IC 33-23-13-6
Attorney general employment of legal and other professional
services
Sec. 6. The attorney general may employ legal and other
professional services necessary to adequately and fully perform the
duties required by this chapter.
As added by P.L.98-2004, SEC.2.