§ 12-309. Reimbursement by party

   (a) Required. -- A court shall require reimbursement from the person who brings an action or proceeding against a State officer or State employee if:

   (1) judgment is rendered for the officer or employee; and

   (2) the court finds that the action or proceeding was instituted:

      (i) in bad faith; or

      (ii) without substantial justification.

(b) Amount. -- Reimbursement shall consist of reasonable counsel fees and other costs and reasonable expenses incurred by the officer or employee in defending against the action or proceeding.

(c) Recipient. -- Reimbursement shall be paid:

   (1) to the officer or employee; or

   (2) if the State or any of its units already has reimbursed the officer or employee, to the State or the unit.

HISTORY: An. Code 1957, art. 32A, § 12G; 1984, ch. 284, § 1.