3398

LAWS OF MARYLAND

Ch. 556

[(b)] (A) (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)] (B) 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, nor 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.

12B.

The Attorney General, prior to undertaking any defense,
shall conduct an investigation of the facts on which the
CIVIL 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 or that the
act or omission was malicious or grossly negligent, the
investigation shall proceed no further, 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. Subject to the
provisions of this section and § 12A, the Attorney General
has sole discretion to assume the defense of any officer or
employee.

12-I.

(A) AN OFFICER OR EMPLOYEE OF THE STATE CHARGED WITH A
CRIMINAL OFFENSE IN THE COURTS OF THIS STATE OR OF THE