Kentucky Statutes 12.212 – Attorney General may decline to defend when certain circumstances exist
Current as of: 2024 | Check for updates
|
Other versions
(1) The Attorney General may decline to provide for the defense of a civil action brought against an employee or former employee if he determines that:
(a) The act or omission was not within the scope and course of his employment as a state employee; or
(b) The employee or former employee acted or failed to act because of actual fraud, corruption, or actual malice on his part; or
(c) Defense of the action by the Commonwealth would create a conflict of interest between the Commonwealth and the employee or former employee; or
(d) Defense of the action would not be in the best interests of the Commonwealth. (2) The Attorney General may delegate his authority to make these determinations to
the chief administrative authority of any agency, institution, board, or commission
whose employees are to be defended.
History: Created 1976 Ky. Acts ch. 362, sec. 2.
(a) The act or omission was not within the scope and course of his employment as a state employee; or
Terms Used In Kentucky Statutes 12.212
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Fraud: Intentional deception resulting in injury to another.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) The employee or former employee acted or failed to act because of actual fraud, corruption, or actual malice on his part; or
(c) Defense of the action by the Commonwealth would create a conflict of interest between the Commonwealth and the employee or former employee; or
(d) Defense of the action would not be in the best interests of the Commonwealth. (2) The Attorney General may delegate his authority to make these determinations to
the chief administrative authority of any agency, institution, board, or commission
whose employees are to be defended.
History: Created 1976 Ky. Acts ch. 362, sec. 2.