Tennessee § 8-42-103 - Defense counsel for state employees.

§ 8-42-103. Defense counsel for state employees.

When a civil action for damages is commenced in any court by any person against any state employee as defined in this chapter for any acts or omissions of the state employee within the scope of the employee's employment, except for willful, malicious, or criminal acts or omissions or for acts or omissions done for personal gain, the attorney general and reporter has the discretion to provide representation to the employee. Such representation may be provided by: The attorney general and reporter's assistants; Attorneys appointed by the attorney general and reporter; or Payment of reasonable compensation of counsel approved by the attorney general and reporter. Attorney's compensation, court costs, and other necessary incidental expenses in connection with the action shall be paid from the funds appropriated to the attorney general and reporter pursuant to this chapter. The method of providing representation is within the sole discretion of the attorney general and reporter. Notwithstanding any law to the contrary, the attorney general and reporter is specifically authorized to appoint attorneys and to determine their compensation to fulfill the purpose of this chapter. For the exclusive purpose of this section, “state employee” also includes attorneys appointed by a court, or other agency authorized by law to make such appointments, to represent an indigent when a civil action for damages is commenced against such attorney for any act or omission in the course of representing such indigent. Notwithstanding any law to the contrary, such attorney shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307. For the exclusive purpose of this section, “state employee” also includes any person who performs the functions of disciplinary counsel or other investigatory or prosecutorial functions pursuant to title 17, chapter 5 when a civil action for damages is commenced against such person for any act or omission in the course of performing the duties described in title 17, chapter 5. Notwithstanding any law to the contrary, such person shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307. For the exclusive purpose of this section, “state employee” also includes any expert witness appearing and testifying on behalf of the department of health at any administrative hearing or other similar proceeding held with respect to a disciplinary or other action against any person or entity required to be licensed, permitted, certified, or authorized by any board, council, committee, or agency created pursuant to title 63 and title 68, when a civil action for damages is commenced against such expert witness for any act or omission in the course of appearing and testifying. Notwithstanding any law to the contrary, such witness shall not be considered a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307. Acts 1973, ch. 128, § 3; T.C.A., § 8-4203; Acts 1980, ch. 681, § 1; 1983, ch. 67, §§ 1, 3; 1984, ch. 972, § 19; 1988, ch. 768, § 1; 1995, ch. 370, § 2; 2012, ch. 949, § 1; 2013, ch. 212, § 1. Cross-References. Counsel for national guardsmen, § 58-1-227 . Defense of local education agencies and employees in asbestos-related litigation, § 8-6-109 . Law Reviews. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983). Attorney General Opinions. Defense of substitute judge designated by Supreme Court, OAG 97-004, 1997 Tenn. AG LEXIS 6 (1/24/97). Claims against general sessions judge for conduct while sitting by interchange, OAG 97-005, 1997 Tenn. AG LEXIS 5 (1/24/97). Defense of community service agencies and their boards, OAG 97-092, 1997 Tenn. AG LEXIS 87 (6/26/97).