CHAPTER 222

An Act to amend and reenact § 2-87, as amended, of the Code of Virginia,
relating to defense of certain State officials and employees in certain
civil litigation so as to include game wardens, and to amend the Code
of Virginia by adding a section numbered 29-87.2, relating to defense
of game wardens in certain criminal prosecutions. CH 148]

Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 2-87, as amended, of the Code of Virginia, be amended and
reenacted, and that the Code of Virginia be amended by adding a section
numbered 29-37. 2, the amended and new sections being as follows:

§ 2-87. All legal service in civil matters for the Commonwealth, the
Governor, the State Corporation Commission and every State department,
institution, division, commission, board, bureau or official, including the
conduct of all civil litigation in which any of them are interested, shall
be rendered and performed by the Attorney General, except as hereinafter
provided in this chapter. No regular counsel shall be employed for or by
the Governor, the State Corporation Commission or any State department,
institution, division, commission, board, bureau or official. The Attorney
General in his discretion may represent personally or through one of his
assistants any member, agent or employee of the Alcoholic Beverage Con-
trol Board; agent, inspector or investigator appointed by the State Cor-
poration Commission; person employed by the State Highway Commission;
persons employed by the Commissioner of Motor Vehicles; any guard or
other authorized person acting as custodian of any prisoner under the
supervision of the Director of the Department of Welfare and Institutions;
* police officer appointed by the Superintendent of State Police; or any
game warden appointed by the Commission of Game and Inland Fisheries ;
who shall be made defendant in any civil action for damages arising out
of any matter connected with his official] duties. If, in the opinion of the
Attorney General, it is impracticable or uneconomical for such legal service
to be rendered by him or one of his assistants, he may employ special
counse ail this purpose, whose compensation shall be fixed by the Attorney

e

The compensation for such special counsel shall be paid out of the
funds appropriated for the administration of the Board, Commission,
Division or Department whose members, officers, inspectors, investigators,
or other employees are defended pursuant to this section.

§ 29-872. If any game warden appointed by the Commission shall
be prosecuted on any criminal charge arising out of any act committed in
the discharge of his official duties, the Executive Director may employ
special counsel approved by the Governor to defend such officer. The com-
pensation for special counsel employed pursuant to this section, shall,
subject to the approval of the Governor, be paid out of the funds appro-
priated for the administration of the Commission of Game and Inland

isheries.