SENATE BILL No. 8
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-6-2-1.5; IC 33-38-12-4.
Synopsis: Representation of judges in mandate litigation. Requires the
attorney general to represent a court that has issued an order of
mandate for funds for the operation of the court or court related
functions. Prohibits the state from reimbursing a judge for expenses
incurred in employing a private attorney to represent the court in an
action for mandate of funds.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Judiciary.
Second Regular Session 117th General Assembly (2012)
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between statutes enacted by the 2011 Regular Session of the General Assembly.
SENATE BILL No. 8
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-6-2-1.5; (12)IN0008.1.1. -->
SECTION 1. IC 4-6-2-1.5, AS AMENDED BY P.L.121-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1.5. (a) Whenever any state governmental official
or employee, whether elected or appointed, is made a party to a suit,
and the attorney general determines that said suit has arisen out of an
act which such official or employee in good faith believed to be within
the scope of the official's or employee's duties as prescribed by statute
or duly adopted regulation, the attorney general shall defend such
person throughout such action.
(b) Whenever a teacher (as defined in IC 20-18-2-22) is made a
party to a civil suit, and the attorney general determines that the suit
has arisen out of an act that the teacher in good faith believed was
within the scope of the teacher's duties in enforcing discipline policies
developed under IC 20-33-8-12, the attorney general shall defend the
teacher throughout the action.
(c) Not later than August 15 of each year:
(1) the attorney general shall draft; and
(2) the state superintendent of public instruction shall disseminate
(B) electronic; or
a notice to each teacher concerning the teacher's qualified immunity
under IC 20-33-8-8(b)(3) and rights under this section.
(d) Whenever a school corporation (as defined in IC 20-26-2-4) is
made a party to a civil suit and the attorney general determines that the
suit has arisen out of an act authorized under IC 20-30-5-0.5 or
IC 20-30-5-4.5, the attorney general shall defend the school corporation
throughout the action.
(e) A determination by the attorney general under subsection (a),
(b), or (d) shall not be admitted as evidence in the trial of any such civil
action for damages.
(f) The attorney general shall represent the judge of a court that
has issued an order for mandate of funds under Indiana Trial Rule
(f) (g) Nothing in this chapter shall be construed to deprive any such
person of the person's right to select counsel of the person's own choice
at the person's own expense.
SOURCE: IC 33-38-12-4; (12)IN0008.1.2. -->
SECTION 2. IC 33-38-12-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. (a) Except as
provided in subsection (b),
the state shall pay the expenses incurred
by a judge from a threatened, pending, or completed action or
proceeding that arises from:
(2) performing; or
(3) failing to make or perform;
a decision, a duty, an obligation, a privilege, or a responsibility of the
(b) The state may not pay the expenses incurred by a judge in
employing a private attorney to represent the court in an action for
mandate of funds brought under Indiana Trial Rule 60.5.