Ch. 758                          MARVIN MANDEL, Governor                              1587

EMPLOYMENT AND THAT THE ACT OR OMISSION OF THE OFFICER
OR EMPLOYEE WAS NOT MALICIOUS, OR GROSSLY NEGLIGENT, OR
IT IS ESTABLISHED THAT THE DEFENSE OF SOVEREIGN IMMUNITY
IS AVAILABLE TO THE OFFICER OR EMPLOYEE, THE STATE IS
LIABLE TO THE OFFICER OR EMPLOYEE FOR REASONABLE
EXPENSES IN PROSECUTING HIS OWN DEFENSE, INCLUDING
COURT COSTS AND ATTORNEYS' FEES. THESE EXPENSES SHALL BE
PAID WITH THE APPROVAL OF THE ATTORNEY GENERAL BY THE
AGENCY, BOARD, COMMISSION, OR DEPARTMENT BY WHICH THE
OFFICER OR EMPLOYEE WAS EMPLOYED AT THE TIME THE ACT OR
OMISSION COMPLAINED OF IN THE ACTION OCCURRED. THIS
SECTION IS NOT APPLICABLE IF THE EXPENSES ARE REIMBURSED
TO THE OFFICER OR EMPLOYEE PURSUANT TO THE PROVISIONS
OF §12G OF THIS ARTICLE. THE DECISION OF THE ATTORNEY
GENERAL NOT TO DEFEND AN OFFICER OR EMPLOYEE IS NOT
ADMISSIBLE AS EVIDENCE IN ANY LEGAL ACTION OR SPECIAL
PROCEEDING AND NO REFERENCE THERETO MAY BE MADE IN
ANY TRIAL OR HEARING. IN ANY ACTION OR PROCEEDING
AGAINST AN OFFICER OR EMPLOYEE THAT RESULTS IN A FINAL
JUDGMENT OR OTHER DISPOSITION, THE COURT OR JURY SHALL
RETURN A SPECIAL VERDICT IN THE FORM OF WRITTEN FINDINGS
WHICH DETERMINE (1) IF THE OFFICER OR EMPLOYEE WAS
ACTING KIN GOOD FAITH]] WITHIN THE SCOPE OF HIS
EMPLOYMENT; (2) IF THE ALLEGED ACT OR OMISSION BY THE
OFFICER OR EMPLOYEE WAS MALICIOUS OR GROSSLY
NEGLIGENT; (3) IF THE DEFENSE OF SOVEREIGN IMMUNITY IS
AVAILABLE TO THE OFFICER OR EMPLOYEE.

12D. INFORMATION OBTAINED BY ATTORNEY GENERAL.

ANY AND ALL INFORMATION OBTAINED BY THE ATTORNEY
GENERAL BY VIRTUE OF THE PROVISIONS OF SECTION 12A AND
12C THROUGH 12H, SHALL BE CONSIDERED CONFIDENTIAL AND
SHALL NOT BE ADMISSIBLE AS EVIDENCE IN ANY LEGAL ACTION
OR SPECIAL PROCEEDING, AND NO REFERENCE THERETO MAY BE
MADE IN ANY TRIAL. OR HEARING. [[ONLY THE INFORMATION
OBTAINED BY THE ATTORNEY GENERAL IN HIS INVESTIGATION
OF THE FACTS UPON WHICH THE ACTION OR SPECIAL
PROCEEDING IS BASED AS REQUIRED BY SECTION 12B IS SUBJECT
TO THE DEPOSITION AND DISCOVERY PROVISIONS OF THE
MARYLAND RULES OF PRACTICE AND PROCEDURE.]]

12E. EMPLOYMENT OF SPECIAL COUNSEL.

THE ATTORNEY GENERAL MAY EMPLOY SPECIAL COUNSEL
WHOSE COMPENSATION SHALL BE FIXED BY THE ATTORNEY
GENERAL AND APPROVED BY THE BOARD OF PUBLIC WORKS, IF
HE DETERMINES THAT IT IS IMPRACTICABLE OR UNECONOMICAL
FOR SUCH LEGAL SERVICE TO BE RENDERED BY HIM OR ONE OF
HIS ASSISTANTS.

THE COMPENSATION FOR SPECIAL COUNSEL SHALL BE PAID
OUT OF THE FUNDS APPROPRIATED FOR THE ADMINISTRATION
OF THE AGENCY, BOARD, COMMISSION, OR DEPARTMENT
EMPLOYING THE OFFICERS AND EMPLOYEES DEFENDED.