Bill Text: NJ A2884 | 2018-2019 | Regular Session | Introduced
Bill Title: Providing for AG representation of employees of county prosecutors' offices in certain civil actions and providing for State indemnification in certain cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced, Referred to Assembly Judiciary Committee [A2884 Detail]
Download: New_Jersey-2018-A2884-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Provides for AG representation of employees of county prosecutor's offices in certain civil actions and provides 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] of P.L.1972, c.48 (C.59:10A-2), 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] the 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 prosecutor's 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 employment. The Attorney General's duty to defend county constitutional officers extends to civil actions that allege tortuous conduct, civil rights violations under federal or State laws, employment discrimination suits, 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.
