8-42-103 - Defense counsel for state employees.
8-42-103. Defense counsel for state employees.
(a) When a civil action for damages is commenced in any court by any person against any state employee as defined in this chapter for any acts or omissions of the state employee within the scope of the employee's employment, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain, the attorney general and reporter has the discretion to provide representation to the employee. Such representation may be provided by:
(1) The attorney general and reporter's assistants;
(2) Attorneys appointed by the attorney general and reporter; or
(3) Payment of reasonable compensation of counsel approved by the attorney general and reporter. Attorney's compensation, court costs, and other necessary incidental expenses in connection with the action shall be paid from the funds appropriated to the attorney general and reporter pursuant to this chapter. The method of providing representation is within the sole discretion of the attorney general and reporter. Notwithstanding any provision of the law to the contrary, the attorney general and reporter is specifically authorized to appoint attorneys and to determine their compensation to fulfill the purpose of this chapter.
(b) For the exclusive purpose of this section, state employee also includes attorneys appointed by a court, or other agency authorized by law to make such appointments, to represent an indigent when a civil action for damages is commenced against such attorney for any act or omission in the course of representing such indigent. Notwithstanding any provision of law to the contrary, such attorney shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307.
[Acts 1973, ch. 128, § 3; T.C.A., § 8-4203; Acts 1980, ch. 681, § 1; 1983, ch. 67, §§ 1, 3; 1984, ch. 972, § 19; 1988, ch. 768, § 1; 1995, ch. 370, § 2.]