Sec. 2. (a) This section applies if any of the following occurs:

(1) An individual is sued in the individual’s capacity as a state representative.

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Terms Used In Indiana Code 2-3-9-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Minority leader: See Floor Leaders
(2) An individual is sued in the individual’s capacity as an agent of the Indiana house of representatives.

(3) The Indiana house of representatives is sued as a body.

     (b) Notwithstanding IC 4-6, the speaker of the house of representatives may employ one (1) or more attorneys necessary to defend a lawsuit described in subsection (a) without obtaining the consent of the attorney general. If a member or an agent of the minority party of the house of representatives is a defendant in the lawsuit, the speaker shall consult with the minority leader of the house of representatives before employing an attorney under this section.

     (c) The costs of employing an attorney under this section shall be paid from appropriations made to the house of representatives and shall be considered a necessary expenditure of the house of representatives.

As added by P.L.2-1994, SEC.1.