Chapter 2.8.2 Duty to Defend & Indemnification

Duty to Defend & Indemnification

In addition to the qualified immunity extended to the executive director and employees of the Commission, the ICJ requires the Commission to defend employees and representatives of the Commission in any civil action arising from the performance of their duties, whether by act, error or omission. See Interstate Compact for Juveniles, art. V, § C(3) (2008).   Furthermore, subject to the approval of the Attorney General of the state, the Commission shall defend the commissioner of that state in any civil action likewise arising from the performance of their duties as a member of the Commission. Id. The ICJ requires the Commission to indemnify and hold harmless a commissioner, employees of the Commission, or the Commission’s representatives or employees in the amount of any settlement or judgment arising out of actual or alleged errors, acts or omissions that are within the scope of their duties or responsibilities, provided that the actual errors, omission or acts were not the result of intentional or willful and wanton misconduct. Id. at art. V, § C(4)