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2005 SESSION
057230224Be it enacted by the General Assembly of Virginia:
1. That § 24.2-121 of the Code of Virginia is amended and reenacted as follows:
§ 24.2-121. Defense of the electoral board, its members, and the general registrar staff; appointment of counsel.
If any electoral board, any of its members, any general
registrar, or any employee of or paid assistant to a registrar is made
defendant in any civil action arising out of the performance of his official
duties, and does not have legal defense provided under applicable insurance
coverage, the officer, employee, or assistant may apply to the circuit
court of the county or city in which he serves Virginia
Division of Risk Management to assign counsel for his defense in
the action. On a showing of good cause, the court may issue
orders respecting the employment of an attorney or attorneys, including the
attorney for the Commonwealth, as may be appropriate and fix his compensation. Reimbursement
of In such case, and
regardless of whether or not the civil action requests monetary damages, the
Division shall obtain one or more attorneys to provide defense for such cause
of action, which attorney may be the Attorney General, the
attorney for the Commonwealth of the particular locality served by the
defendant, or one or more private attorneys as
may be appropriate. In the case of any private attorney, the Division shall
agree to his compensation. All attorneys' fees and any
expenses incurred in the defense of the action may also be allowed by
the court. Legal fees and expenses shall be paid from the treasury
of the county or city except in the case of appointment of
the attorney for the Commonwealth of
Virginia.