If a suit or proceeding is commenced in any court by any person against an officer of the military forces for an act done by that officer in the officer's official capacity in the discharge of a duty under this chapter or chapter 29B, or against an enlisted person acting under the authority or order of an officer, or by virtue of a warrant issued by the officer pursuant to law, the attorney general or state judge advocate, upon the request of the adjutant general, shall defend the member of the military forces of the state against whom the suit or proceeding has been instituted. The costs of the defense shall be paid out of any funds in the state treasury not otherwise appropriated. Before the suit or proceeding is filed or maintained against the officer or enlisted person, the plaintiff must give security, to be approved by the court in a sum not less than one hundred dollars to secure the costs. If the plaintiff fails to recover judgment, the costs shall be taxed and judgment rendered against the plaintiff and the plaintiff's sureties. When troops are called into active state service by the governor under martial law or as aid to the civil authorities, in addition to the judge advocate's other duties, any judge advocate on duty with those troops may be appointed by the attorney general as an assistant attorney general, without pay for the judge advocate's services for acting in that capacity.
[C35, § 467-f38; C39, § 467.40; C46, 50, § 29.40; C54, 58, 62, § 29.51; C66, 71, 73, 75, 77, 79, 81, § 29A.51]
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