[§52D-8]  Police officers; counsel for. Whenever a police officer is prosecuted for a crime or sued in a civil actionfor acts done in the performance of the officer's duty as a police officer, thepolice officer shall be represented and defended:

(1)  In criminal proceedings by an attorney to beemployed and paid by the county in which the officer is serving; and

(2)  In civil cases by the corporation counsel orcounty attorney of the county in which the police officer is serving. [L 1989,c 136, pt of §2]

 

Case Notes

 

  An attorney "employed and paid by the county" forthe benefit of a police officer, to defend the officer in a criminal casepursuant to this section and in related civil cases, in which the county hasasserted claims adverse to the officer, is not per se, by virtue of suchemployment and payment, deemed ineffective counsel.  95 H. 9, 18 P.3d 871.

  Section provides officers with a constitutionally protectedproperty interest--the right to legal representation for acting within thescope of their duty; due process thus entitles an officer to a contested casehearing under chapter 91 before the officer can be deprived of this interest. 89 H. 221 (App.), 971 P.2d 310.