2013 Kentucky Revised Statutes
CHAPTER 15 - DEPARTMENT OF LAW
15.753 Indemnification from financial loss in legal actions for Attorney General, Commonwealth's attorneys, county attorneys, and their staffs.

Download as PDF 15.753 Indemnification from financial loss in legal actions for Attorney General, Commonwealth's attorneys, county attorneys, and their staffs. (1) (2) (3) (4) (5) (6) This section shall apply to: (a) The Attorney General and his staff; (b) A county attorney and his staff; and (c) A Commonwealth's attorney and his staff. A person named in subsection (1) of this section who is sued for any act or omission in the course of his duties and who has a judgment for monetary damages rendered against him and who personally suffers actual financial loss, unreimbursed from any source, by the enforcement and satisfaction of the judgment, including any costs or attorney's fees awarded pursuant thereto, shall be indemnified by the Commonwealth from funds appropriated to the Finance and Administration Cabinet for the payment of judgments, to the extent of his actual financial loss. The indemnification shall be contingent upon an express determination by the Prosecutor's Advisory Council that the act or omission which resulted in liability was within the scope and course of the officer's employment and occurred during the performance of duty and was committed or omitted in the good faith belief that the act or omission was lawful and proper. If the officer seeking indemnification is the Attorney General, the determination referred to in subsection (3) of this section shall be made by the Governor. The indemnification shall not be construed to abrogate or limit any privilege, immunity, or matter of defense otherwise available to the person claiming indemnification and shall not constitute a waiver of any privilege, immunity, or matter or defense including the sovereign immunity of the Commonwealth. The indemnification shall not be the subject of comment, directly or indirectly, before any jury hearing any cause of action in which the Attorney General, a county or Commonwealth's attorney, or a member of their staff is a party, and any comment before the jury shall result in an immediate mistrial. Effective:July 15, 1994 History: Created 1994 Ky. Acts ch. 398, sec. 1, effective July 15, 1994.