{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-20f","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-20f","heading":"State officer or employee - Legal defense services","body":"A. In the event an action is brought against an employee, who\n\nfor the purposes of this act shall be an elected or appointed state\n\nofficer or employee of any state officer, institution, agency, board\n\nor commission of any branch of state government in any civil action\n\nor special proceeding in the courts of this state, or of the United\n\nStates, by reason of any act done or omitted in good faith in the\n\ncourse of his employment, it is the duty of the Attorney General or\n\nstaff attorney of such person's agency where the agency is\n\nauthorized by law to be represented in court by a member of its own\n\npermanent legal staff, when requested in writing by such employee,\n\nto appear and defend the action or proceeding in his behalf. Such\n\nwritten request shall be made within fifteen (15) days after service\n\nof summons on the employee and a copy of the request shall be\n\ntransmitted by the employee to the head of his agency and the\n\nAttorney General.\n\nB. The Attorney General or a designated legal officer shall not\n\nrepresent a state employee if that employee did not perform a\n\nstatutorily required duty and such duty is a basis of the civil\n\naction or special proceeding.\n\nC. The Attorney General may direct an appropriate legal officer\n\nincluding a staff attorney of an agency authorized by law to be\n\nrepresented in court by a member of its own permanent legal staff to\n\nappear and defend such action. The Attorney General may request the\n\nassistance of a district attorney in any such action. The Attorney\n\nGeneral may intervene in any such action or proceeding and appear on\n\nbehalf of the State of Oklahoma, or any of its officers or\n\nemployees, where he deems the state to have an interest in the\n\nsubject matter of the litigation.\n\nD. The Attorney General shall determine the method of\n\npreparation and presentation of such defense. The Attorney General\n\nor other legal officer under his direction shall not be held civilly\n\nliable for the exercise of such discretion.\n\nE. The employee named in the action may employ private counsel\n\nat his own expense to assist in his defense.\n\nF. Any officer or employee who acts outside of the scope of his\n\nofficial authority shall be liable in damages in the same manner as\n\nany private citizen.\n\nG. When an original action seeking either a writ of mandamus or\n\nprohibition against a district judge, associate district judge, or\n\nspecial judge of the district court is commenced, the Attorney\n\nGeneral shall represent such judicial officer if, and only if,\n\ndirected to do so, in writing, by the Chief Justice of the Oklahoma\n\nSupreme Court, upon the Chief Justice's finding that such\n\nrepresentation is necessary to protect either the function or\n\nintegrity of the judiciary. Such finding by the Chief Justice shall\n\nbe final and binding.\n\nIn the event that the Attorney General is or shall be\n\ndisqualified from representing such judicial officer, the Attorney\n\nGeneral shall immediately notify, in writing, the Chief Justice.\n\nThe Chief Justice then may appoint counsel to represent the judicial\n\nofficer. The appointed counsel shall determine the method of\n\npreparation and presentation of such defense. The appointed counsel\n\nshall not be held civilly liable for the exercise of such\n\ndiscretion. The appointed counsel shall, upon approval by the Chief\n\nJustice, be entitled to be compensated for services rendered.\n\nH. A settlement involving injunctive relief which substantially\n\nimpacts the operation or programs of a state agency or would impose\n\nobligations requiring the expenditure of funds in excess of\n\nunallocated unencumbered monies in the agency's appropriations or\n\nbeyond the current fiscal year shall be reviewed prior to its\n\nfinalization by the President Pro Tempore of the Senate or his\n\ndesignee, the Speaker of the House or his designee, and the Governor\nncy or would impose\n\nobligations requiring the expenditure of funds in excess of\n\nunallocated unencumbered monies in the agency's appropriations or\n\nbeyond the current fiscal year shall be reviewed prior to its\n\nfinalization by the President Pro Tempore of the Senate or his\n\ndesignee, the Speaker of the House or his designee, and the Governor\n\nor his designee. The purpose of the review is to determine the\n\nbudgetary, programmatic and operational impact of the proposed\n\nsettlement. The President Pro Tempore of the Senate, Speaker of the\n\nHouse and Governor shall be given a reasonable time in which to make\n\nrecommendations regarding the proposed settlement given due\n\nconsideration to the time requirements of the case. Such\n\nrecommendations must be considered by the state agency, such\n\nagency's counsel of record and the Attorney General in determining\n\nwhether to finalize the settlement agreement.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2c270c11e4d1f3cdc74e2a00eba0f59b5f3eccef34778a95f6d167652b555f20","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-2056.1","next":"us-ok/okla.-stat.-tit.-74-74-20g"},"notice":"GroundRules: Original legal text. Not legal advice."}