Does the word 'shall' or 'may' mean a public body must provide for the defense of a criminal action?
California, United States of America
The following excerpt is from County of Sacramento v. Superior Court, 20 Cal.App.3d 469, 97 Cal.Rptr. 771 (Cal. App. 1971):
Usually the word 'shall' connotes mandatory action and 'may' connotes discretionary action. (Cannizzo v. Guarantee Ins. Co. (1966) 245 Cal.App.2d 70, 73, 53 Cal.Rptr. 657 (hg. den.).) Moreover, section 995.8 expressly provides, 'A public entity is not required to provide for the defense of a criminal action' such as that here involved.
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