Sec. 3. If a judge or prosecuting attorney is sued for civil damages or equitable relief and the suit would be construed, under notice pleading, as arising out of an act performed within the scope of the duties of the judge or prosecuting attorney, the attorney general shall:
(1) defend the judge or prosecuting attorney in the suit; or
(2) authorize the chief administrative officer of the office of judicial administration to hire private counsel to provide the defense.
[Pre-2004 Recodification Citation: 33-2.1-9-1.]
As added by P.L.98-2004, SEC.2. Amended by P.L.161-2018, SEC.48.
Structure Indiana Code
Title 33. Courts and Court Officers
Article 23. General Provisions
Chapter 13. Defense of Judges and Prosecuting Attorneys
33-23-13-2. "Prosecuting Attorney" Defined
33-23-13-3. Defense by Attorney General or Private Counsel
33-23-13-4. Criminal or Disciplinary Proceedings
33-23-13-5. Right to Select Defense Counsel; Responsibility for Civil Damages
33-23-13-6. Attorney General Employment of Legal and Other Professional Services