Bill Text: NJ A3459 | 2010-2011 | Regular Session | Introduced
Bill Title: Providing for AG representation of county prosecutors' offices and employees in certain civil actions and providing for State indemnification in certain cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-11-08 - Introduced, Referred to Assembly State Government Committee [A3459 Detail]
Download: New_Jersey-2010-A3459-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex)
SYNOPSIS
Providing for AG representation of county prosecutors' offices and employees in certain civil actions and providing for State indemnification in certain cases.
CURRENT VERSION OF TEXT
As introduced.
An Act providing for the Attorney General to represent county prosecutors' offices and employees, providing for judgment indemnification by State and amending P.L.1972, c.48.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1972, c.48 (C.59:10A-1) is amended to read as follows:
1. a. Except as provided in section 2 hereof, the Attorney General shall, upon a request of an employee or former employee of the State, including a current or former employee of a county prosecutor's office, including but not limited to prosecutors and investigators as provided in subsection b. of this section, provide for the defense of any action brought against such State employee or former State employee on account of an act or omission in the scope of his employment.
b. The actions for which the Attorney General shall represent a current or former employee of a county prosecutor's office pursuant to subsection a. of this section shall include, but not be limited to: civil actions that allege tortuous conduct, civil rights violations under federal or State laws, employment discrimination suits and retaliation claims brought under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); and actions against the prosecutors office for production of public records under any law including P.L.1963, c.73 (C.47:1A-1 et seq.).
c. The State shall bear the costs of any monetary judgment entered after the effective date of this act, against a county prosecutor's office or against a current or former employee of a county prosecutor's office, in actions for which the Attorney General is required to provide legal representation pursuant to this section.
For the purposes of this section, the Attorney General's duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee or former employee.
(cf: P. L.1972, c.48, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill provides that the Attorney
General shall represent current and former employees of the county prosecutor's
office in
any civil action arising from an act or omission in the scope of the employment.
The Attorney General's duty to defend county constitutional officers shall
extend to civil actions that allege tortuous conduct, civil rights violations
under federal or State laws, employment discrimination suits and retaliation
claims brought under the "Law Against Discrimination," P.L.1945,
c.169 (C.10:5-1 et seq.) and public record access laws.
The bill also requires the State to indemnify county prosecutors and their current and former employees for the costs of monetary judgments entered against them.
