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LAWS OF MARYLAND

Ch. 793

COLLEGE BOARD OF TRUSTEES, IF THE BOARD DOES NOT PROVIDE
LIABILITY INSURANCE FOR SUCH EMPLOYEES OR MEMBERS, AND IF
THE BOARD IS A PARTICIPANT IN THE STATE INSURANCE TRUST FUND
UNDER ARTICLE 95;

(V)    AN EMPLOYEE OF A LOCAL HEALTH
DEPARTMENT; AND

(VI)   A KEY EMPLOYEE OF THE MARYLAND PORT
ADMINISTRATION AS DEFINED IN SECTION 6-204(N) OF THE
TRANSPORTATION ARTICLE; AND

(VI) (VII) A PERSON PERFORMING THE
SERVICES OF A STATE EMPLOYEE ON A VOLUNTARY BASIS.

(3) THE BOARD OF PUBLIC WORKS SHALL DETERMINE,
IN CASES OF DOUBT, WHETHER ANY PERSON MAKING WRITTEN
APPLICATION UNDER SUBSECTION (B) IS A STATE OFFICER OR STATE
EMPLOYEE FOR THE PURPOSES OF THIS SECTION, REGARDLESS OF THE
METHOD, SOURCE, OR AMOUNT OF COMPENSATION OF THE PERSON.

Article 32A — Department of Law

12A.

[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. For the purposes of this section, an officer,
warrant officer, or enlisted member of the organized
militia, in the exercise of his duty as such, shall be
considered to be an employee of the State. ]

(A) SUBJECT TO THE PROVISIONS OF §12B, THE ATTORNEY
GENERAL, WHEN REQUESTED IN WRITING BY ANY OFFICER OR
EMPLOYEE OF THE STATE, MAY DEFEND ANY CRIMINAL ACTION
INSTITUTED IN THE COURTS OF THIS STATE OR OF THE UNITED
STATES 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.