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Ch. 601
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2000 LAWS OF MARYLAND
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(b) (1) Subject to the provisions of [§ 3-70] § 3-804 OF THIS SUBTITLE, the
County Attorney, when requested in writing by any officer or employee of the County
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 County
Attorney, by an assistant, by any special counsel when directed to do so by the County
Attorney, or by private counsel retained by the County Attorney. 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 County
Attorney 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] THE OFFICER'S OR EMPLOYEE'S own
choice at [his] THE OFFICER'S OR EMPLOYEE'S own expense, nor does this section
prevent the County Attorney from entering [his] AN appearance in a case to protect
the interests of the County even though no request for such appearance has been
forthcoming from the officer or employee named as a defendant.
[3-70.] 3-804. Investigation by County Attorney.
[The] BEFORE UNDERTAKING ANY DEFENSE, THE County Attorney[, prior to
undertaking any defense,] shall conduct an investigation of the facts on which the
action or special proceeding is based. If the County Attorney determines that the
officer or employee was not acting within the scope of [his] THE OFFICER'S OR
EMPLOYEE'S 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 § 3-69] OR § 3-803 OF THIS
SUBTITLE. The investigation [herein] required may be accomplished by the County
Attorney, any assistant, or by any other attorney or person when directed to do so by
the County Attorney. 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 County Attorney may terminate further
investigation and provide no representation for the officer or employee. Subject to the
provisions of this section and [§ 3-69] § 3-803 OF THIS SUBTITLE, the County
Attorney has sole discretion to assume the defense of any officer or employee.
[3-71.] 3-805. Same; reimbursement of expenses.
If the County Attorney determines, pursuant to [§ 3-70] § 3-804 OF THIS
SUBTITLE, not to assume the defense of a County 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] THE OFFICER'S OR EMPLOYEE'S duties and
within the scope of [his] THE OFFICER'S OR EMPLOYEE'S 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 immunity is available to the officer or employee, the
County is liable to the officer or employee for reasonable expenses in prosecuting
[his] THE OFFICER'S OR EMPLOYEE'S own defense, including court costs and
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- 3134 -
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