29A.51 - SUIT OR PROCEEDING -- DEFENSE.
29A.51 SUIT OR PROCEEDING -- DEFENSE.
If a suit or proceeding is commenced in any court by any person
against a member of the military forces of the state for an act done
by the member in the member's official capacity in the discharge of a
duty under this chapter or chapter 29B, the attorney general or staff
judge advocate, upon the request of the adjutant general, shall
defend the member against whom the suit or proceeding has been
instituted. The costs of the defense shall be paid out of any funds
in the state treasury not otherwise appropriated. Before the suit or
proceeding is filed or maintained against the member, the plaintiff
must give security, to be approved by the court in a sum not less
than one hundred dollars to secure the costs. If the plaintiff fails
to recover judgment, the costs shall be taxed and judgment rendered
against the plaintiff and the plaintiff's sureties. When members of
the military forces of the state are called into state active duty by
the governor under martial law or to assist civil authorities, in
addition to the judge advocate's other duties, any judge advocate on
duty with those troops may be appointed by the attorney general as an
assistant attorney general, without pay for the judge advocate's
services for acting in that capacity. Section History: Early Form
[C35, § 467-f38; C39, § 467.40; C46, 50, § 29.40; C54, 58, 62,
§ 29.51; C66, 71, 73, 75, 77, 79, 81, § 29A.51] Section History: Recent Form
2002 Acts, ch 1117, §19, 23