Current through Register Vol. 54, No. 19, May 11, 2024
Section 39.1 - Criminal cases(a) The Commonwealth will not provide an attorney to defend a present or former official or employe in a criminal case arising from acts or omissions occurring while in the service of the Commonwealth. If it is determined by the General Counsel or the General Counsel's designee that there is no basis for the prosecution as a matter of law or fact, the Commonwealth will reimburse the employe for reasonable attorneys fees and to that end will make any required advance of these fees, limited by the balance in the retirement account of the employe.(b) In a case in which the General Counsel or the General Counsel's designee does not determine that there is no basis for the prosecution in law or fact, he may nevertheless authorize the reimbursement of reasonable attorneys fees if the employe's defense is successful.The provisions of this § 39.1 amended November 11, 1994, effective 11/12/1994, 24 Pa.B. 5655; amended March 8, 1996, effective 3/9/1996, 26 Pa.B. 993. This section cited in 4 Pa. Code § 39.12 (relating to criminal cases).