CODE OF VIRGINIA

NO ACTION ALLOWED ON ACCOUNT OF MILITARY DUTIES; COUNSEL FOR MEMBERS SUED OR
PROSECUTED (§ 44-100)

No action or proceeding shall be prosecuted or maintained against a member of a
military court, or officer or person acting under its authority or reviewing its
proceedings, on account of the approval or imposition or execution of any
sentence, or the imposition or collection of fine or penalty, or the execution
of any warrant, writ, execution, process, or mandate of a military court, nor
shall any member of the Virginia National Guard or Virginia Defense Force be
liable to civil action or suit or criminal prosecution for any act done while in
the discharge of his military duty.If any member of the Virginia National Guard
or Virginia Defense Force is sued civilly or arrested, indicted, or otherwise
prosecuted for any act committed in the discharge of his official duty while on
state duty, the Adjutant General may employ special counsel approved by the
Attorney General to defend such member. The compensation for special counsel
employed pursuant to this section shall, subject to the approval by the Attorney
General, be paid out of the funds appropriated for the administration of the
Department of Military Affairs.

HISTORY: 1930, p. 967; Michie Code 1942, § 2673(85); 1972, c. 416; 1973, c.
401; 1984, c. 765; 2011, cc. 572, 586; 2015, c. 221.