Bill Text: IN SB0008 | 2012 | Regular Session | Introduced
Bill Title: Representation of judges in mandate litigation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Judiciary [SB0008 Detail]
Download: Indiana-2012-SB0008-Introduced.html
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(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 in:
(A) written;
(B) electronic; or
(C) other;
form;
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 60.5.
(1) making;
(2) performing; or
(3) failing to make or perform;
a decision, a duty, an obligation, a privilege, or a responsibility of the judge's office.
(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.