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



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



(2)  In civil cases by the corporation counsel or
county 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" for
the benefit of a police officer, to defend the officer in a criminal case
pursuant to this section and in related civil cases, in which the county has
asserted claims adverse to the officer, is not per se, by virtue of such
employment and payment, deemed ineffective counsel.  95 H. 9, 18 P.3d 871.



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