(a) When a criminal action is initiated in any court by warrant, information, or indictment against any state employee, as defined in this chapter, for an act apparently done by the employee in the scope of the employee's assigned official duty, the attorney general and reporter will not represent the employee or provide representation. In the event that the criminal charges against the employee are dismissed with prejudice or in the event that the employee is acquitted at trial or upon appeal, all reasonable compensation for the employee's counsel, court costs or necessary incidental expenses, as determined by the attorney general and reporter, in connection with the action, shall be payable from the funds appropriated to the attorney general and reporter pursuant to this chapter. In the event that the charges against the employee are retired or dismissed, or the case is not prosecuted for any other reason, the attorney general and reporter may compensate such counsel for all reasonable fees and necessary incidental expenses and pay court costs in connection with the action, where the attorney general and reporter finds that the employee did act in the scope of the employee's assigned duties under apparent lawful orders or authority when the employee took the actions resulting in the institution of the criminal action. In no event shall any funds be expended for compensation for counsel, court costs or necessary incidental expenses, where the employee is convicted of any criminal offense.
(b) For the exclusive purpose of this section, “state employee” includes attorneys appointed by a court, or other agency authorized by law to make such appointments, to represent an indigent when a criminal action is commenced against such attorney for any act or omission in the course of representing such indigent. When a criminal action is initiated against such an attorney, the written request shall be made by the administrative director of the courts. Notwithstanding any law to the contrary, such attorney shall not be considered to be a state employee for any other purpose including, but not limited to, §§ 9-8-112 and 9-8-307.
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