N.J. Stat. tit. 59, ch. 10A

in effect

N.J. Stat. § 59:10A-1 Attorney General's duty to defend State employees

Except as provided in section 2 hereof, the Attorney General shall, upon a request of an employee or former employee of the State, provide for the defense of any action brought against such State employee or former State employee on account of an act or omission in the scope of his employment. For the purposes of this section, the Attorney General's duty to defend shall extend to a cross-action, counterclaim or cross-complaint against an employee or former employee. L.1972, c. 48, s. 1, eff. June 1, 1972.

N.J. Stat. § 59:10A-2 Grounds for refusal to provide defense

The Attorney General may refuse to provide for the defense of an action referred to in section 1 if he determines that: a. the act or omission was not within the scope of employment; or b. the act or the failure to act was because of actual fraud, willful misconduct or actual malice; or c. the defense of the action or proceeding by the Attorney General would create a conflict of interest between the State and the employee or former employee. L.1972, c. 48, s. 2, eff. June 1, 1972.

N.J. Stat. § 59:10A-3 The Attorney General's authority to represent

In any other action or proceeding, including criminal proceedings, the Attorney General may provide for the defense of a State employee or former State employee, if he concludes that such representation is in the best interest of the State. L.1972, c. 48, s. 3, eff. June 1, 1972.

N.J. Stat. § 59:10A-4 Attorney General's exclusive control over litigation

Whenever the Attorney General provides for the defense of a State employee or former State employee pursuant to this act, the Attorney General may assume exclusive control over the representation of such employee or former State employee and such employee or former State employee shall cooperate fully with the Attorney General's defense. L.1972, c. 48, s. 4, eff. June 1, 1972.

N.J. Stat. § 59:10A-5 Methods of providing defense

The Attorney General may provide for a defense pursuant to this act by an attorney from his own staff or by employing other counsel for this purpose or by asserting the State's right under any appropriate insurance policy which requires the insurer to provide the defense. L.1972, c. 48, s. 5, eff. June 1, 1972.

N.J. Stat. § 59:10A-6 Powers not in derogation of existing authority

The authority granted to the Attorney General by this act shall be in addition to and not in derogation of his existing authority to represent and defend State employees and former State employees. L.1972, c. 48, s. 6, eff. June 1, 1972.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026