Kentucky Revised Statutes

Ky. Rev. Stat. § 12.213 (2026)

Governor to provide by regulation the methods for defense of state

✓ laws through the 2026 session (checked Sept. 2026)
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employees. The Governor shall provide by regulation for the defense of employees or former employees of the Commonwealth pursuant to KRS 12.211 to 12.215 by one (1) or more of the following methods:

(1) By the Attorney General;

(2) By employing other counsel for this purpose as provided for in KRS 12.210;

(3) By authorizing the purchase of insurance which requires that the insurer provide or underwrite the cost of the defense; or

(4) By authorizing defense by counsel assigned to or employed by the department, agency, board, commission, bureau, or authority which employed the person requesting the defense. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 532, sec. 8, effective July 14, 2000. -- Created 1976 Ky. Acts ch. 362, sec. 3.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2022–2025 · leading case: Aaron Tucker v. Andrew G. Beshear, No. 2022 CA 000238 (Ky. Ct. App. May 25, 2023).
Aaron Tucker v. Andrew G. Beshear, No. 2022 CA 000238 (Ky. Ct. App. May 25, 2023). · cites it 13× “Beshear claimed that KRS 12.213 did not impose a duty upon him to provide either Tucker or Elmore with defense counsel.”
Brayden Grimsley v. Phillip Burnett, Jr., No. 2023-CA-1149 (Ky. Ct. App. Dec. 19, 2025). · cites it 7× “, and KRS 12.213 in particular. The Attorney General declined and so did the Governor.”
Mark Stonex v. Cailtlin Higinbotham, No. 2020 CA 000724 (Ky. Ct. App. June 2, 2022). · cites it 2× “Pursuant to KRS 12.213: The Governor shall provide by regulation for the defense of employees or former employees of the Commonwealth pursuant to KRS 12.”
Ky. Rev. Stat. § 12.213(4): 1 case
Mark Stonex v. Cailtlin Higinbotham, No. 2020 CA 000724 (Ky. Ct. App. June 2, 2022). “Pursuant to KRS 12.213: The Governor shall provide by regulation for the defense of employees or former employees of the Commonwealth pursuant to KRS 12.”
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