Withdrawal of official attorney as attorney of record.
1. At any time after the official attorney has appeared in any civil action and commenced to defend any person sued as a public officer, employee, immune contractor, member of a board or commission, or Legislator, the official attorney may apply to any court to withdraw as the attorney of record for that person based upon:
(a) Discovery of any new material fact which was not known at the time the defense was tendered and which would have altered the decision to tender the defense;
(b) Misrepresentation of any material fact by the person requesting the defense, if that fact would have altered the decision to tender the defense if the misrepresentation had not occurred;
(c) Discovery of any mistake of fact which was material to the decision to tender the defense and which would have altered the decision but for the mistake;
(d) Discovery of any fact which indicates that the act or omission on which the civil action is based was not within the course and scope of public duty or employment or was wanton or malicious;
(e) Failure of the defendant to cooperate in good faith with the defense of the case; or
(f) If the action has been brought in a court of competent jurisdiction of this state, failure to name the State or political subdivision as a party defendant, if there is sufficient evidence to establish that the civil action is clearly not based on any act or omission relating to the defendant’s public duty or employment.
2. If any court grants a motion to withdraw on any of the grounds set forth in subsection 1 brought by the official attorney, the State or political subdivision has no duty to continue to defend any person who is the subject of the motion to withdraw.
Last modified: February 27, 2006