Legal defense may be provided for civil or criminal action or proceedings which arise against employees because of an act or an omission in the scope of employment. According to provisions of the law, the Attorney General has the authority to determine whether the State will provide defense for an employee. Provision of legal defense may be denied by the State or University on the basis of four statutorily enumerated grounds:
- The act or omission which gave rise to the proceeding was not within the course and scope of employment.
- The act or omission which gave rise to the proceeding was fraudulent, corrupt, or malicious.
- Defense of the action by the State would create a conflict of interest between the State and the employee.
- Defense of the proceeding would not be in the best interests of the State.