Vermont Statutes Title 3. Executive, § 1104. Criminal actions

(a) Except as provided in subsection (c) of this section, in any criminal action brought against a State employee, the Defender General shall defend the State employee if the employee requests defense and if the Defender General finds that:

(b) If the Defender General finds that he or she cannot adequately represent the employee, the Defender General shall authorize the employee to retain legal counsel at State expense. The terms under which private counsel is retained for a State employee at State expense under this section shall be the same as those governing assigned counsel under 13 V.S.A. § 5272 and rules of the Supreme Court promulgated with respect thereto.

(c) Notwithstanding any other provision of this section, if a criminal action is brought against an employee of the Department of Corrections, the findings required to be made under subsection (a) of this section shall be made by the Commissioner of the Department of Human Resources. If the Commissioner finds that the employee of the Department of Corrections is entitled to a defense, the employee shall have the choice of representation by the Defender General or counsel retained under the terms of subsection (b) of this section.