Rhode Island General Laws

R.I. Gen. Laws § 9-31-9 (2026)

Refusal to defend — Attorney general

✓ current as of July 2026

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The attorney general may refuse to defend an action referred to in § 9-31-8 if he or she determines that:

(1) The act or omission was not within the scope of employment;

(2) The act or the failure to act was because of actual fraud, willful misconduct, or actual malice;

(3) The defense of the action or proceeding by the attorney general would create a conflict of interest between the state of Rhode Island and the employee or former employee;

(4) Within ten (10) days of the time he or she is served with any summons, complaint, process, notice, demand, or pleading, the employee or former employee fails to deliver the original or a copy thereof to the attorney general or his or her designee; or

(5) The state employee or former state employee refuses to cooperate fully with the attorney general’s defense.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2002–2024 · leading case: State of Rhode Island, by & through Attorney Gen. Peter Kilmartin v. Rhode Island Troopers Ass'n, 187 A.3d 1090 (R.I. 2018).

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State of Rhode Island, by & through Attorney Gen. Peter Kilmartin v. Rhode Island Troopers Ass'n, 187 A.3d 1090 (R.I. 2018). · cites it 16× “" On May 15, 2016, the Department of the Attorney General responded: "Pursuant to R.I. Gen. Laws § 9-31-9 and your plea of no contest to assault, a determination has been made by the Attorney General that due to allegations raised in the Complaint-most notably, but not limited…”

Mottola v. Cirello, 789 A.2d 421 (R.I. 2002). “In § 9-31-9, the General Assembly has recognized that the Attorney General’s participation in a case may create a conflict of interest, the employee may refuse to cooperate in his or her defense, or it may simply not be in the best interest of the state for the Attorney General…”

Rhode Island Troopers Ass'n v. State of Rhode Island, Div. of the State Police (R.I. 2024). · cites it 2× “The department cited G.L. 1956 § 9-31-9, which authorizes the attorney general to refuse a request from a state employee for legal representation as a defendant in a civil action when, among other grounds, “[t]he act or omission” alleged in the civil action “was not within the…”

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