{"data":{"id":"us-md/md.-code-state-government-12-305","jurisdiction":"us-md","citation":"Md. Code, State Government § 12–305","heading":"","body":"Before a State officer or State employee may be represented under this Part II of this subtitle, the Attorney General shall have the officer or employee enter into an agreement that:\n(1) enables the Attorney General to require, from the officer or employee, reimbursement of court costs, reasonable counsel fees, and other expenses in representing the officer or employee if:\n(i) it is determined judicially that:\n1. the defense of sovereign immunity is not available to the officer or employee;\n2. the injuries arose out of an act or omission of the officer or employee; and\n3. the act or omission was malicious or grossly negligent or, when the act or the omission was made, the officer or employee was not performing a duty within the scope of the employment of the officer or employee; and\n(ii) the officer or employee did not give the Attorney General complete information or gave the Attorney General information that is false or misleading;\n(2) authorizes collection of the reimbursement, as a debt due to the State;\n(3) states that:\n(i) this representation of the officer or employee does not constitute an obligation for the State to pay a settlement, if the claim is settled, or a judgment, if judgment is rendered against the officer or employee;\n(ii) the State and its units are not responsible for payment of the judgment; and\n(iii) the officer or employee is entitled to submit to the Board of Public Works an application for payment of a settlement or judgment;\n(4) provides that:\n(i) the Attorney General may not compromise or settle the claim against the officer or employee without the written consent of the officer or employee;\n(ii) if the officer or employee will not consent, the Attorney General may withdraw the appearance in accordance with the appropriate court rules; and\n(iii) the State is not responsible for any costs after the withdrawal; and\n(5) includes any other provisions that the Attorney General considers necessary.","path":["Article - State Government"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsg\u0026section=12-305","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:00:58Z","sha256":"2db3d875f88aa6c5dc870e54c889cbff48d58e04b72eca5dc4ff724363a0b2b2","source_id":"us-md","stale":false,"prev":"us-md/md.-code-state-government-12-304","next":"us-md/md.-code-state-government-12-306"},"notice":"GroundRules: Original legal text. Not legal advice."}