(c) Notwithstanding any other provision of this Section,
representation and indemnification of a judge under this Act shall also be
provided in any case where the plaintiff seeks damages or any equitable
relief as a result of any decision, ruling or order of a judge made in the
course of his or her judicial or administrative duties, without regard to
the theory of recovery employed by the plaintiff. Indemnification shall be
for all damages awarded and all court costs, attorney fees and litigation
expenses assessed against the judge. When a judge has been convicted of a
crime as a result of his or her intentional judicial misconduct in a trial,
that judge shall not be entitled to indemnification and representation
under this subsection in any case maintained by a party who seeks damages
or other equitable relief as a direct result of
the judge's intentional judicial misconduct.
(d) In any such proceeding where notice in accordance with this Section
has been given to the Attorney
General, unless the court or jury finds that the
conduct or inaction which gave rise to the claim or cause of action was
intentional, wilful or wanton misconduct and was not intended to serve
or benefit interests of the State, the State shall indemnify the State
employee for any damages awarded and court costs and attorneys' fees
assessed as part of any final and unreversed judgment, or shall pay such
judgment. Unless the
Attorney General determines that the conduct or inaction which gave rise
to the claim or cause of action was intentional, wilful or wanton
misconduct and was not intended to serve or benefit interests of the
State, the case may be settled, in the Attorney General's discretion and
with the employee's consent,
and the State shall indemnify the employee for any damages, court costs
and attorneys' fees agreed to as part of the settlement, or shall pay
such settlement. Where the
employee is represented by private counsel, any settlement must be so
approved by the Attorney General and the court having jurisdiction,
which shall obligate the State to indemnify the employee.
(e) (i) Court costs and litigation expenses and other costs of providing a
defense or counterclaim, including attorneys' fees obligated under this
Section, shall be paid from the State Treasury on the warrant of the
Comptroller out of appropriations made to the Department of Central Management
Services specifically designed for the payment of costs, fees and expenses
covered by this Section.
(ii) Upon entry of a final judgment against the employee, or upon the
settlement of the claim, the employee shall cause to be served a copy of
such judgment or settlement, personally or by certified or registered mail
within thirty days of the date of entry or settlement, upon the chief
administrative officer of the department, office or agency in which he is
employed. If not inconsistent with the provisions of this Section, such
judgment or settlement shall be certified for payment by such chief
administrative officer and by the Attorney General. The judgment or
settlement shall be paid from the State Treasury on the warrant of the
Comptroller out of appropriations made to the Department of Central
Management Services specifically designed for the payment of claims covered
by this Section.
(f) Nothing contained or implied in this Section shall
operate, or be construed or applied, to deprive the State, or any employee
thereof, of any defense heretofore available.
(g) This Section shall apply regardless of whether the
employee is sued in his or her individual or official capacity.
(h) This Section shall not apply to claims for bodily injury or
damage to property arising from motor vehicle accidents.
(i) This Section shall apply to all proceedings filed on or
after its effective date, and to any proceeding pending on its effective
date, if the State employee gives notice to the Attorney General as
provided in this Section within 30 days of the Act's effective date.
(j) The amendatory changes made to this Section by this amendatory Act of
1986 shall apply to all proceedings filed on or after the effective date of
this amendatory Act of 1986 and to any proceeding pending on its effective
date, if the State employee gives notice to the Attorney General as provided
in this Section within 30 days of the effective date of this amendatory Act
(k) This Act applies to all State officials who are serving as trustees,
or their appointing authorities, of
a clean energy community trust or as members of a not-for-profit foundation or
corporation established pursuant to Section
16-111.1 of the Public Utilities Act.
(Source: P.A. 90-655, eff. 7-30-98; 91-781, eff. 6-9-00.)