1586                                   LAWS OF MARYLAND                               Ch. 758

12A. DEFENSE OF ACTIONS AGAINST PUBLIC OFFICERS AND
EMPLOYEES.

THE ATTORNEY GENERAL, WHEN REQUESTED IN WRITING BY ANY
OFFICER OR EMPLOYEE OF THE STATE, MAY APPEAR AND DEFEND
ANY ACTION, CIVIL OR CRIMINAL, OR SPECIAL PROCEEDING, IN
THE COURTS OF THIS STATE OR OF THE UNITED STATES
INSTITUTED AGAINST THE OFFICER OR EMPLOYEE BY REASON OF
ANY ACT DONE OR OMITTED TO BE DONE WITHOUT MALICE AND
IN THE ABSENCE OF GROSS NEGLIGENCE AND IN THE SCOPE OF
HIS EMPLOYMENT. THE DEFENSE MAY BE RENDERED BY THE
ATTORNEY GENERAL, AN ASSISTANT, OR BY ANY SPECIAL
COUNSEL WHEN DIRECTED TO DO SO BY THE ATTORNEY
GENERAL [[.]]; IN A CRIMINAL CASE, SPECIAL COUNSEL MUST BE
APPOINTED BY THE ATTORNEY GENERAL IF HE DETERMINES
THAT ANY REPRESENTATION IS IN FACT APPROPRIATE. THE
DEFENSE OF A CIVIL CASE SHALL INCLUDE THE RIGHT TO ASSERT
COUNTERCLAIMS AND TO ENGAGE IN THIRD PARTY PRACTICE ON
BEHALF OF THE OFFICER OR EMPLOYEE. NOTHING HEREIN MAY
BE CONSTRUED TO DEPRIVE ANY OFFICER OR EMPLOYEE OF THE
RIGHT TO SELECT COUNSEL OF HIS OWN CHOICE AT HIS OWN
EXPENSE, NOR MAY IT PREVENT THE ATTORNEY GENERAL FROM
ENTERING HIS APPEARANCE IN A CASE TO PROTECT THE
INTERESTS OF THE STATE OF MARYLAND EVEN THOUGH NO
REQUEST FOR SUCH APPEARANCE HAS BEEN FORTHCOMING
FROM THE OFFICER OR EMPLOYEE NAMED AS A DEFENDANT.

12B. INVESTIGATION PRIOR TO DEFENSE; EFFECT OF INSURANCE.

THE ATTORNEY GENERAL, PRIOR TO UNDERTAKING ANY
DEFENSE, SHALL CONDUCT AN INVESTIGATION OF THE FACTS ON
WHICH THE ACTION OR SPECIAL PROCEEDING IS BASED. IF THE
ATTORNEY GENERAL DETERMINES THAT THE OFFICER OR
EMPLOYEE WAS NOT ACTING [[IN GOOD FAITH AND]] WITHIN
THE SCOPE OF HIS EMPLOYMENT AND THE ACT OR OMISSION WAS
MALICIOUS, OR GROSSLY NEGLIGENT, THE INVESTIGATION SHALL
PROCEED NO FURTHER NOR MAY ANY DEFENSE BE PROVIDED
FOR THE OFFICER OR EMPLOYEE PURSUANT TO THIS SECTION
AND SECTION 12A. THE INVESTIGATION HEREIN REQUIRED MAY
BE ACCOMPLISHED BY THE ATTORNEY GENERAL, ANY ASSISTANT,
OR BY ANY OTHER ATTORNEY OR PERSON WHEN DIRECTED TO
DO SO BY THE ATTORNEY GENERAL. IF IT APPEARS THAT THE
OFFICER OR EMPLOYEE IS COVERED BY A POLICY OF INSURANCE
UNDER THE TERMS OF WHICH THE CARRIER IS REQUIRED TO
PROVIDE COUNSEL IN THESE ACTIONS OR SPECIAL PROCEEDINGS,
THE ATTORNEY GENERAL MAY TERMINATE FURTHER
INVESTIGATION AND PROVIDE NO REPRESENTATION FOR THE
OFFICER OR EMPLOYEE. THE ATTORNEY GENERAL HAS SOLE
DISCRETION TO ASSUME THE DEFENSE OF ANY OFFICER OR
EMPLOYEE.

12C. ELECTION NOT TO DEFEND; SPECIAL VERDICT.

IF THE ATTORNEY GENERAL ELECTS NOT TO ASSUME THE
DEFENSE OF A STATE OFFICER OR EMPLOYEE, AND IT IS
JUDICIALLY DETERMINED THAT THE INJURIES AROSE OUT OF AN
ACT OR OMISSION OF THE OFFICER OR EMPLOYEE DURING THE
PERFORMANCE OF HIS DUTIES AND WITHIN THE SCOPE OF HIS