Legal defense

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  • (a) The Attorney General shall, if he determines it to be probable that the act or acts upon which any civil action against an officer or employee of the Government of the United States Virgin Islands is based, were performed within the scope of the officer or employee's employment, and if requested in writing by the officer or employee, undertake the defense of the action.

  • (b) If the Attorney General does not undertake the defense, and thereafter the court hearing the action rules that the officer or employee acted reasonably and within the scope of his employment or where the court dismisses the action with prejudice, the Government shall reimburse said officer or employee for all litigation expenses incurred in connection with defending such action as may be found by the court to be reasonable, including court costs and attorneys' fees; Provided, however, That officers' and employees' litigation expenses incurred in defense of civil actions arising out of their government employment after January 1, 1979, and before the effective date of this act, shall be reimbursed under the conditions set forth in this section.

  • (c) All claims for reimbursement of legal expenses shall be submitted in writing, with supporting documentation, to the Attorney General for review and certification for payment by the Commissioner of Finance.


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