1428

LAWS OF MARYLAND

Ch. 284

NEGLIGENT.

(II)  THE ACT OR OMISSION WAS MALICIOUS; OR

(III)  THE ACT OR OMISSION WAS GROSSLY

(2) THE ATTORNEY GENERAL MAY DECLINE TO REPRESENT A
STATE OFFICER OR STATE EMPLOYEE WHO OTHERWISE IS ELIGIBLE FOR
REPRESENTATION IF THE OFFICER OR EMPLOYEE:

(I)  RETAINS OTHER COUNSEL; OR

(II)  IS COVERED BY INSURANCE THAT REQUIRES THE
CARRIER TO PROVIDE COUNSEL.

(C)  DECISION OF ATTORNEY GENERAL.

(1)  SUBJECT TO THE REQUIREMENTS OF THIS SECTION, THE
ATTORNEY GENERAL HAS SOLE DISCRETION IN UNDERTAKING TO REPRESENT
THE STATE OFFICER OR STATE EMPLOYEE.

(2)  A DECISION OF THE ATTORNEY GENERAL NOT TO
REPRESENT AN OFFICER OR EMPLOYEE IS INADMISSIBLE IN ANY LEGAL
ACTION OR SPECIAL PROCEEDING. REFERENCE TO THE DECISION MAY NOT
BE MADE IN ANY HEARING OR TRIAL.

(D)  EFFECTS OF SECTION.
THIS SECTION DOES NOT:

(1)  DEPRIVE A STATE OFFICER OR STATE EMPLOYEE OF ANY
RIGHT TO RETAIN COUNSEL, AT THE EXPENSE OF THE OFFICER OR
EMPLOYEE; OR

(2)  PREVENT THE APPEARANCE OF THE ATTORNEY GENERAL TO
PROTECT THE INTERESTS OF THE STATE, EVEN IF THE OFFICER OR
EMPLOYEE DOES NOT REQUEST THE APPEARANCE.

REVISOR'S NOTE: Subsection (a)(l)(i) through (iii) and (v)
and (2) of this section is new language derived
without substantive change from the second sentence
and the first and second clauses of the first sentence
of former Art. 32A, § 12A(a)(l), the first and third
sentences of § 12B, and the introductory clause of §
12F.

Subsection (a)(l)(iv) of this section is new language
substituted for the third clause of the first sentence
of former Art. 32A, § 12A(a)(l), which referred to a
"proceeding instituted ... by reason of any act done
or omitted to be done" and failed to reflect that the
alleged act or omission may not have occurred.

Subsections (b) through (d) of this section are new
language derived without substantive change from