Section 12-309 - Reimbursement by party.
§ 12-309. Reimbursement by party.
(a) Required.- 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) Amount.- Reimbursement shall consist of reasonable counsel fees and other costs and reasonable expenses incurred by the officer or employee in defending against the action or proceeding.
(c) Recipient.- Reimbursement shall be paid:
(1) to the officer or employee; or
(2) if the State or any of its units already has reimbursed the officer or employee, to the State or the unit.
[An. Code 1957, art. 32A, § 12G; 1984, ch. 284, § 1.]