§ 1104 - Criminal actions
§ 1104. Criminal actions
(a) Except as provided in subsection (c) of this section in any criminal action brought against a state employee, the defender general shall defend the state employee if the employee requests defense and if the defender general finds that:
(1) the action does not constitute a motor vehicle violation;
(2) the action is brought on account of an act or omission within the scope of the employee's official duties as a state employee. The state shall not otherwise be obligated to defend the employee.
(b) If the defender general finds that he or she cannot adequately represent the employee, the defender general shall authorize the employee to retain legal counsel at state expense. The terms under which private counsel is retained for a state employee at state expense under this section shall be the same as those governing assigned counsel under section 5272 of Title 13 and rules of the supreme court promulgated with respect thereto.
(c) Notwithstanding any other provision of this section, if a criminal action is brought against an employee of the department of corrections, the findings required to be made under subsection (a) of this section shall be made by the commissioner of the department of human resources. If the commissioner finds that the employee of the department of corrections is entitled to a defense, the employee shall have the choice of representation by the defender general or counsel retained under the terms of subsection (b) of this section. (Added 1977, No. 233 (Adj. Sess.), § 4, eff. April 17, 1978; amended 2003, No. 156 (Adj. Sess.), § 15.)