Indiana Code 33-23-13-3. Defense by attorney general or private counsel
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Sec. 3. If a judge or prosecuting attorney is sued for civil damages or equitable relief and the suit would be construed, under notice pleading, as arising out of an act performed within the scope of the duties of the judge or prosecuting attorney, the attorney general shall:
(2) authorize the chief administrative officer of the office of judicial administration to hire private counsel to provide the defense.
(1) defend the judge or prosecuting attorney in the suit; or
Terms Used In Indiana Code 33-23-13-3
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- judge: has the meaning set forth in IC 33-38-12-3. See Indiana Code 33-23-13-1
- prosecuting attorney: includes a senior prosecuting attorney appointed under IC 33-39-1. See Indiana Code 33-23-13-2
[Pre-2004 Recodification Citation: 33-2.1-9-1.]
As added by P.L.98-2004, SEC.2. Amended by P.L.161-2018, SEC.48.