1424

LAWS OF MARYLAND

Ch. 284

(C)  REPRESENTATION.

(1)  UNLESS FULL REPRESENTATION IS PROVIDED UNDER A
CONTRACT OF INSURANCE, THE ATTORNEY GENERAL SHALL DEFEND A CIVIL
ACTION OR PROCEEDING UNDER THIS SUBTITLE AGAINST THE STATE OR ANY
OF ITS UNITS.

(2)  SUBTITLE 3, PART II OF THIS TITLE SHALL APPLY TO
REPRESENTATION OF STATE PERSONNEL UNDER THIS SUBTITLE.

(D)  JUDGMENT AGAINST STATE PERSONNEL.

(1)  ANY STATE PERSONNEL WHO ACTS WITHIN THE SCOPE OF
THE STATE PERSONNEL'S PUBLIC DUTIES AND WITHOUT MALICE AND GROSS
NEGLIGENCE IS NOT LIABLE AS AN INDIVIDUAL FOR ANY DAMAGES THAT
RESULT FROM TORTIOUS CONDUCT FOR WHICH IMMUNITY IS WAIVED UNDER
THIS SUBTITLE, INCLUDING DAMAGES THAT EXCEED THE LIMITATIONS ON
THE STATE'S WAIVER OF IMMUNITY.

(2)  A JUDGMENT IN TORT FOR MONEY DAMAGES OBTAINED
UNDER THIS SUBTITLE AGAINST STATE PERSONNEL, IN THE STATE
PERSONNEL'S OFFICIAL CAPACITY, IS A JUDGMENT AGAINST THE STATE
ONLY AND MAY NOT BE EXECUTED AGAINST THE STATE PERSONNEL
INDIVIDUALLY.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ §§
5-404(a)(2) and (3) and (b), 5-405, and 5-406(a)(3).

In subsection (d)(1) of this section, the word "and"
is substituted for the former word "or", to clarify
that the State personnel is exempted from liability
only if the State personnel acted without malice and
without gross negligence.

Defined terms: "Includes";"including" § 1-101
"State personnel" § 12-101

12-108. COUNSEL FEES.

COUNSEL MAY NOT CHARGE OR RECEIVE FEES THAT EXCEED:

(1)  20% OF A SETTLEMENT MADE UNDER THIS SUBTITLE; OR

(2)  25% OF A JUDGMENT MADE UNDER THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former CJ § 5-408.

In the introductory clause of this section, the former
words "demand" and "collect" are deleted as
unnecessary in light of the prohibitions against
charging and receiving.