NCJ Number
80476
Journal
Federal Probation Volume: 45 Issue: 3 Dated: (September 1981) Pages: 21-24
Date Published
1981
Length
4 pages
Annotation
Findings are discussed from a questionnaire sent to all offices of attorneys general in the Nation eliciting legal advice for probation and parole officers to help them avoid or lessen legal civil liability in connection with their work.
Abstract
Court decisions continue to add to the category of public officials who may be held legally responsible for acts done while in office. Given this trend, probation and parole officers should be properly informed about how they may avoid or lessen possible liability in the performance of their work. A questionnaire sent to all offices of attorneys general inquired about the three most important bits of legal advice that could help probation and parole officers avoid or lessen such legal liability. Ranked in the order of response frequency, the five top answers were (1) document your activities; (2) know and follow department rules and regulations, along with State statutes; (3) arrange for legal counsel and seek legal advice whenever questions arise; (4) act within the scope of your duties and in good faith; and (5) get approval from your supervisor if you have questions about what you are doing. In some States, an informal understanding exists whereby the State attorney general undertakes the defense of a public officer if, in the attorney general's judgment, the case is meritorious. Indemnification should also be of concern, if and when an officer is adjudged liable. A majority of the States provide indemnification for the civil liabilities of their public employees. It may also be possible for States to enact immunity statutes which can exclude all but meritorious claims. Thirty-two questions which probation and parole officers should ask their employers and legal advisors are presented.