Rule 68 - Appointment of counsel for State officers and employees(a) Petitions for appointment. -A public officer or employee of the State named as a defendant in a civil or criminal action brought in a court of the State of Delaware or in the United States District Court for the District of Delaware for acts arising out of the public officer's or employee's employment by the State may petition for appointment of counsel; provided, however, that a complaint filed in the Court on the Judiciary shall not be deemed a "civil or criminal action brought in a court of the State of Delaware" unless and until the Chief Justice shall have referred the complaint to a Panel for review and investigation.(b) Filing of petitions. -(1) State proceeding. -Except as provided in subparagraph (2), a petition for appointment of counsel shall be made to the court in which the action against a public officer or employee is originally brought.(2) Federal proceeding. -Where a public officer or employee is defendant in an action brought in the United States District Court for the District of Delaware, the petitioner may petition that Court for appointment of counsel. That Court may refer said petition to the President Judge of the Superior Court for appropriate action in accordance with applicable state law.(3) Service. -A copy of the petition for appointment of counsel shall be served by the petitioner upon the Department of Justice.(c) Time. - (1) Filing of petition. -Petitions shall be filed within 10 days after service of the complaint and summons, cross-claim or counterclaim in a civil action, or arrest or service of summons in a criminal action, unless otherwise enlarged by the court for good cause shown.(2) Actions in State courts. -A court receiving a petition for representation in an action in a court of the State shall promptly rule on it. The time required for a court to rule on a petition for representation shall be excluded from the time for filing of responsive pleadings, motions, or arraignment.(3) Actions in federal court. -A court receiving a petition for representation in an action in a court of the United States pursuant to (b)(2) above shall rule on the petition as promptly as possible.(d) Hearings. -A court in which a petition has been filed, on motion of the petitioner, the Department of Justice or the public defender, or at the court's own initiative, may order the record supplemented at a hearing or otherwise.(e) Costs and attorneys' fees. - (1) Fees. -Private counsel appointed under this rule shall be compensated for their services at a rate which is ordinary and usual in comparable cases in this jurisdiction and which is in accord with the applicable principles of Rule 1.5 of the Delaware Lawyers' Rules of Professional Conduct. Whenever appointed counsel prosecutes compulsory or permissive counterclaims or cross-claims, counsel shall obtain the express consent of counsel's client to do so and said counsel shall apportion counsel's fees for such counterclaims or cross-claims. The public officer or employee whom said counsel represents shall be responsible for such apportioned fees and expenses unless the appointing court, for good cause shown, shall otherwise order.(2) Costs. -Private counsel appointed under this rule shall be reimbursed for costs incurred in representing a state officer or employee at a rate which is ordinary and usual in comparable cases in the jurisdiction. Such counsel, however, shall petition the appointing court in advance for authorization to incur costs or charges for transcripts, interpreters, investigators, expert witnesses and for other costs of extraordinary amount or for unusual services connected with the litigation.(3) Payment. -Private counsel entitled to compensation or reimbursement under this rule shall apply to the appointing court for payment at the conclusion of the litigation except, upon a showing of sufficient need, the application may be made at any time during the pendency of the litigation. The Superior Court may consult with the presiding judge in cases encompassed by (b)(2) above.(f) Conflict of interest. -Whenever the Department of Justice certifies to the appointing court that a conflict of interest exists, or may exist because of the appointment of a Department of Justice attorney, as a result of any statute or disciplinary rule under the Delaware Lawyers' Rules of Professional Conduct, the court may appoint an attorney from the private bar, if the court is satisfied that such conflict exists or may exist.