Harris Beach Murtha Partner Brian D. Ginsberg spoke with the New York Law Journal for a story on a New York state budget item that allocates $10 million in taxpayer funds that the Attorney General could use to support her defense in certain lawsuits filed against her. Some in the state’s legal community have questioned whether the fund aligns with the state’s Public Officers Law.

Brian weighed in on whether the budget allowance would represent a departure from ordinary practice for state officers and employees. “A New York state law called the Public Officers Law has long provided for the indemnification and defense of state officers employees who are sued, and forced to pay monetary judgments, stemming from certain conduct undertaken in connection with their official job responsibilities,” he said.

“However, the nexus between the conduct and the officer or employee’s state duties is key,” Brian added. “To the extent that this budget item would authorize defense and indemnification of the Attorney General — or any state officer or employee — for conduct that is not directly related to and in furtherance of official job responsibilities, that would seem to be a large exception to the usual practice.”

Brian leads the firm’s Appellate Practice Group and formerly worked in the New York Solicitor General’s Office as an assistant state solicitor general.

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