Wednesday, January 14, 2009
State liability for court appointed counsel's negligence?
Should a state be subject to liability if court-appointed criminal defense counsel provides negligent representation? According to a recent decision of the Arizona Supreme Court the answer is NO. The court held that the duty of the state begins and ends with the appointment of counsel. Counsel is an independent contractor that the state does not control or supervise. Thus, the state may not be held vicariously liable for counsel's negligence. Orginally posted by Legal Profession Blog