2016 Kentucky Revised Statutes CHAPTER 15 - DEPARTMENT OF LAW .753 Indemnification from financial loss in legal actions for Attorney General, Commonwealth's attorneys, county attorneys, and their staffs.
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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.
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