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LEGAL REPRESENTATION AND FINANCIAL INDEMINIFICATION FOR STATE EMPLOYEES - A STUDY

NCJ Number
42484
Author(s)
R CRANE; G ROBERTS
Date Published
1977
Length
12 pages
Annotation
THIS QUESTIONNAIRE STUDY EXAMINED HOW THE STATES HANDLE LEGAL REPRESENTATION FOR STATE OFFICERS AND EMPLOYEES WHO ARE SUED IN RELATION TO THEIR JOBS AND THE FINANCIAL AID PROVIDED TO EMPLOYEES HELD LIABLE FOR JUDGMENTS.
Abstract
THE FIRST QUESTION IS BROKEN DOWN INTO A NUMBER OF COMPONENTS: THE STATES THAT PROVIDE LEGAL HELP; THE SOURCE OF THESE PROVISIONS; THE EXTENT OF THE COVERAGE (INCLUDING WHICH PERSONNEL ARE ACTUALLY COVERED AND WHEN AND WHAT ACTIONS ARE COVERED); WHO DETERMINES IF AN EMPLOYEE IS ENTITLED TO REPRESENTATION; AND THE SOURCE OF THE ACTUAL LEGAL ASSISTANCE. THE SURVEY RESULTS ON STATE PROVISIONS FOR FINANCIAL INDEMNIFICATION INCLUDES INFORMATION ON THE MONETARY LIMITATIONS ON REIMBURSEMENT, LIMITS ON EMPLOYEES' LIABILITY, ELIGIBILITY FOR INDEMMIFICATION, DETERMINATION OF 'GOOD FAITH' ON THE PART OF THE EMPLOYEE, AND THE USE OF LIABILITY INSURANCE. SUPPLEMENTING THIS REPORT IS A CHART SHOWING THE RESPONSES OF ALL FIFTY STATES AND CANADA TO THE 1975 SURVEY AND A MODEL STATUTE FOR LEGAL REPRESENTATION AND FINANCIAL INDEMNIFICATION OF STATE OFFICERS AND EMPLOYEES SUED IN THE COURSE OF THEIR EMPLOYMENT....ELW