Okla. Stat. tit. 74, § 74-20f

A. In the event an action is brought against an employee, who

for the purposes of this act shall be an elected or appointed state

officer or employee of any state officer, institution, agency, board

or commission of any branch of state government in any civil action

or special proceeding in the courts of this state, or of the United

States, by reason of any act done or omitted in good faith in the

course of his employment, it is the duty of the Attorney General or

staff attorney of such person's agency where the agency is

authorized by law to be represented in court by a member of its own

permanent legal staff, when requested in writing by such employee,

to appear and defend the action or proceeding in his behalf. Such

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written request shall be made within fifteen (15) days after service

of summons on the employee and a copy of the request shall be

transmitted by the employee to the head of his agency and the

Attorney General.

B. The Attorney General or a designated legal officer shall not

represent a state employee if that employee did not perform a

statutorily required duty and such duty is a basis of the civil

action or special proceeding.

C. The Attorney General may direct an appropriate legal officer

including a staff attorney of an agency authorized by law to be

represented in court by a member of its own permanent legal staff to

appear and defend such action. The Attorney General may request the

assistance of a district attorney in any such action. The Attorney

General may intervene in any such action or proceeding and appear on

behalf of the State of Oklahoma, or any of its officers or

employees, where he deems the state to have an interest in the

subject matter of the litigation.

D. The Attorney General shall determine the method of

preparation and presentation of such defense. The Attorney General

or other legal officer under his direction shall not be held civilly

liable for the exercise of such discretion.

E. The employee named in the action may employ private counsel

at his own expense to assist in his defense.

F. Any officer or employee who acts outside of the scope of his

official authority shall be liable in damages in the same manner as

any private citizen.

G. When an original action seeking either a writ of mandamus or

prohibition against a district judge, associate district judge, or

special judge of the district court is commenced, the Attorney

General shall represent such judicial officer if, and only if,

directed to do so, in writing, by the Chief Justice of the Oklahoma

Supreme Court, upon the Chief Justice's finding that such

representation is necessary to protect either the function or

integrity of the judiciary. Such finding by the Chief Justice shall

be final and binding.

In the event that the Attorney General is or shall be

disqualified from representing such judicial officer, the Attorney

General shall immediately notify, in writing, the Chief Justice.

The Chief Justice then may appoint counsel to represent the judicial

officer. The appointed counsel shall determine the method of

preparation and presentation of such defense. The appointed counsel

shall not be held civilly liable for the exercise of such

discretion. The appointed counsel shall, upon approval by the Chief

Justice, be entitled to be compensated for services rendered.

H. A settlement involving injunctive relief which substantially

impacts the operation or programs of a state agency or would impose

obligations requiring the expenditure of funds in excess of

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unallocated unencumbered monies in the agency's appropriations or

beyond the current fiscal year shall be reviewed prior to its

finalization by the President Pro Tempore of the Senate or his

designee, the Speaker of the House or his designee, and the Governor
ncy or would impose

obligations requiring the expenditure of funds in excess of

Oklahoma Statutes - Title 74. State Government Page 86

unallocated unencumbered monies in the agency's appropriations or

beyond the current fiscal year shall be reviewed prior to its

finalization by the President Pro Tempore of the Senate or his

designee, the Speaker of the House or his designee, and the Governor

or his designee. The purpose of the review is to determine the

budgetary, programmatic and operational impact of the proposed

settlement. The President Pro Tempore of the Senate, Speaker of the

House and Governor shall be given a reasonable time in which to make

recommendations regarding the proposed settlement given due

consideration to the time requirements of the case. Such

recommendations must be considered by the state agency, such

agency's counsel of record and the Attorney General in determining

whether to finalize the settlement agreement.