BLAIR LEE III, Acting Governor

2301

HOWEVER, IF THE ATTORNEY GENERAL DETERMINES THAT
REPRESENTATION IS APPROPRIATE, SPECIAL COUNSEL SHALL BE
APPOINTED TO APPEAR AND DEFEND THE CRIMINAL ACTION.

(B) (1) SUBJECT TO THE PROVISIONS OF §12B, THE
ATTORNEY GENERAL, WHEN REQUESTED IN WRITING BY ANY OFFICER
OR EMPLOYEE OF THE STATE, SHALL APPEAR AND DEFEND ANY CIVIL
ACTION OR SPECIAL PROCEEDING 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. THE DEFENSE MAY BE RENDERED BY
THE ATTORNEY GENERAL, BY AN ASSISTANT, BY ANY SPECIAL
COUNSEL WHEN DIRECTED TO DO SO BY THE ATTORNEY GENERAL, OR
BY PRIVATE COUNSEL RETAINED BY THE ATTORNEY GENERAL. THE
DEFENSE OF THE CASE SHALL INCLUDE THE RIGHT TO ASSERT
COUNTERCLAIMS AND TO ENGAGE IN THIRD PARTY PRACTICE ON
BEHALF OF THE OFFICER OR EMPLOYEE.

(2) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH

(1), THE ATTORNEY GENERAL MAY DECLINE TO REPRESENT AN

OFFICER OR EMPLOYEE WHO RETAINS PRIVATE COUNSEL.

(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
DEPRIVE ANY OFFICER OR EMPLOYEE OF THE RIGHT TO SELECT
COUNSEL OF HIS OWN CHOICE AT HIS OWN EXPENSE, NCR DOES THIS
SECTION 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.

(D) 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.

12B.

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 within the scope of his employment [and] OR THAT the
act or omission was malicious[, ] or grossly negligent, the
investigation shall proceed no further [nor may any], AND NO
defense MAY be provided for the officer or employee pursuant
to this section and § 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] SUBJECT TO THE PROVISIONS OF THIS SECTION AND SECTION
12A, THE Attorney General has sole discretion to assume the