44-100 - No action allowed on account of military duties; counsel for members sued or prosecuted.
§ 44-100. No action allowed on account of military duties; counsel formembers sued or prosecuted.
No action or proceeding shall be prosecuted or maintained against a member ofa military court, or officer or person acting under its authority orreviewing its proceedings, on account of the approval or imposition orexecution of any sentence, or the imposition or collection of fine orpenalty, or the execution of any warrant, writ, execution, process, ormandate of a military court, nor shall any member of the Virginia NationalGuard, Virginia State Defense Force or naval militia be liable to civilaction or suit or criminal prosecution for any act done while in thedischarge of his military duty.
If any member of the Virginia National Guard, Virginia State Defense Force ornaval militia is sued civilly or arrested, indicted or otherwise prosecutedfor any act committed in the discharge of his official duty while on stateduty the Adjutant General may employ special counsel approved by the AttorneyGeneral to defend such member. The compensation for special counsel employedpursuant to this section shall, subject to the approval by the AttorneyGeneral, be paid out of the funds appropriated for the administration of theDepartment of Military Affairs.
(1930, p. 967; Michie Code 1942, § 2673(85); 1972, c. 416; 1973, c. 401;1984, c. 765.)