Alabama § 31-2-90 Appointment of Counsel to Defend National Guard Members in Certain Actions

Alabama Statutes

§ 31-2-90 — Appointment of Counsel to Defend National Guard Members in Certain Actions

Alabama·Title 31 Military Affairs and Civil Defense·Ch. 2 Military Code

If a civil or criminal action shall be commenced in any court by any person against any member of the National Guard of this state for any act or omission alleged to have been committed by such member while on any duty under this chapter, or against any member acting under the authority or order of any officer or by virtue of any warrant issued pursuant to law, the Adjutant General shall investigate the allegation, and upon determination by the Adjutant General that such person acted reasonably or in the line of duty, the Governor shall appoint counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant. The cost and expense of any such defense shall be paid out of the regular or special appropriations for the maintenance of the National Guard or the Gen

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If a civil or criminal action shall be commenced in any court by any person against any member of the National Guard of this state for any act or omission alleged to have been committed by such member while on any duty under this chapter, or against any member acting under the authority or order of any officer or by virtue of any warrant issued pursuant to law, the Adjutant General shall investigate the allegation, and upon determination by the Adjutant General that such person acted reasonably or in the line of duty, the Governor shall appoint counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant. The cost and expense of any such defense shall be paid out of the regular or special appropriations for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or line of duty action shall not be admissible as evidence in the trial of any such action or claim.
Nothing contained in this chapter shall be construed to deprive any such person of his right to select and be represented by private counsel of his own choice at his own expense.
Nothing contained in this chapter shall be construed or held to constitute a waiver of any defense, otherwise available against the claim.

Alabama § 31-2-90 (Appointment of Counsel to Defend National Guard Members in Certain Actions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §119; Acts 1973, No. 1038, p. 1572, §91; Acts 1983, No. 83-607, p. 944; Acts 1984, No. 84-259, p. 431, §1.)