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A.R.S. § 41-192.02

Legal counsel in certain civil actions; counsel to fire districts

Applied in 2 court decisions — leading case 45 F. Supp. 3d 1099 - Pettit v. Smith (2014)

Most recently applied in 45 F. Supp. 3d 1099 - Pettit v. Smith (September 2014)

A. The attorney general in his discretion is authorized to represent a current or former officer or employee of this state against whom a civil action is brought in his individual capacity or who is subject to a civil nonparty subpoena until such time as it is established as a matter of law that the alleged activity or events which form the basis of the complaint were not performed, or not directed to be performed, within the scope or course of the officer's or employee's duty or employment.

B. An agency authorized by law to employ legal counsel may provide representation to current or former officers or employees in the circumstances prescribed in subsection A of this section.

C. The attorney general may advise and represent a fire district when the county attorney is unable to represent the district due to a conflict of interest.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.