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Senator Edward Kennedy — Part 23
Page 242
242 / 249
Please advise the individual defendant[s] named in the complaint that
Department of Justice representation may be available without cost pursuant
to 28 C.F.R. 50.15 if it 4s determined by the Civil Division that the
conduct was within the scope of federal cmployment and that representation
would be in the interest of the United States. The defendant(s] would be
personally responsible for the payment of an adverse judgment entered solely
.against the defendanc[s] as there is no authority for the payment of such by
the United States. Similarly, the defendant{s] may retain private counsel
but it would be a personal expense which would not be paid by the United
States.
If Department of Justice representation is desired, written request(s}
must be submitted by the defendant{s] through your agency. The request{s},
together with your statement as to scope of enployment, with all supporting
material, and your reconmendation as to whether representation should be
provided, must be forwarded to the Civil Division as soon as possible so that
the requisite determinations can be made in a timely manner and the interests
of the defendant[{s] protected. You should also include copies of ei pleadings
and details of the service of process upon the defendant(s] to ensure that
defenses based upon insufficiency of service and lack of personal jurisdiction
are not waived. In emergency situations, conditional representation may be
authorized by telephone, but the written request[s], statement and recommendation
still must be prepared and forwarded.
___ DOr tent ee pe ALK TRIES A eet er —
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