If a civil or criminal suit or proceeding is commenced in any court by any person against a member of the military forces of the State of Nebraska for any act done when in the active service of this state the defendant may have counsel of his own selection at his individual expense, or competent legal counsel shall be provided at the expense of the state, for all stages of the proceedings.

Any legal counsel provided at the expense of the state shall be the Attorney General or a member of his staff or a practicing attorney designated by him. Compensation of counsel at the expense of the state shall be charged against military department funds.