<br><br> <br>Page 1 of 1 <br>15.753 Indemnification from financial loss in legal actions for Attorney General, <br>Commonwealth's attorneys, county attorneys, and their staffs. <br>(1) This section shall apply to: <br>(a) The Attorney General and his staff; <br>(b) A county attorney and his staff; and <br>(c) A Commonwealth's attorney and his staff. <br>(2) A person named in subsection (1) of this section who is sued for any act or omission <br>in the course of his duties and who has a judgment for monetary damages rendered <br>against him and who personally suffers actual financial loss, unreimbursed from any <br>source, by the enforcement and satisfaction of the judgment, including any costs or <br>attorney's fees awarded pursuant thereto, shall be indemnified by the <br>Commonwealth from funds appropriated to the Finance and Administration Cabinet <br>for the payment of judgments, to the extent of his actual financial loss. <br>(3) The indemnification shall be contingent upon an express determination by the <br>Prosecutor's Advisory Council that the act or omission which resulted in liability <br>was within the scope and course of the officer's employment and occurred during <br>the performance of duty and was committed or omitted in the good faith belief that <br>the act or omission was lawful and proper. <br>(4) If the officer seeking indemnification is the Attorney General, the determination <br>referred to in subsection (3) of this section shall be made by the Governor. <br>(5) The indemnification shall not be construed to abrogate or limit any privilege, <br>immunity, or matter of defense otherwise available to the person claiming <br>indemnification and shall not constitute a waiver of any privilege, immunity, or <br>matter or defense including the sovereign immunity of the Commonwealth. <br>(6) The indemnification shall not be the subject of comment, directly or indirectly, <br>before any jury hearing any cause of action in which the Attorney General, a county <br>or Commonwealth's attorney, or a member of their staff is a party, and any comment <br>before the jury shall result in an immediate mistrial. <br>Effective: July 15, 1994 <br>History: Created 1994 Ky. Acts ch. 398, sec. 1, effective July 15, 1994. <br><br>