Common use of Section Two Clause in Contracts

Section Two. The State shall provide counsel to an employee who is sued for malpractice, provided that the employee was acting within the scope of his/her employment and was not acting in a willful or wanton manner. In cases where the State is also a defendant and where there is a potential conflict of interest on the part of attorneys for the State, the employee may request that the State provide reasonable attorney's fees for private counsel. Disputes over the State's obligations to provide counsel under this Section shall be subject to expedited arbitration. In deciding questions of whether an employee was acting within the scope of his/her employment or in a willful or wanton manner, the arbitrator shall give due weight to the remedial purpose of the indemnification statutes.