Section 12-309 - Reimbursement by party. - Maryland Statutes

§ 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. 
 

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