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IA HF16
Bill
Status
1/14/2025
Primary Sponsor
Brian Lohse
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AI Summary
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Noncontract attorneys appointed by the court without their consent who are accused of ineffective assistance of counsel shall be treated as state employees under Iowa's state tort claims law (Chapter 669)
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These appointed attorneys would receive state defense and indemnification, meaning the state must defend them against claims and hold them harmless from liability
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Court-appointed attorneys remain not liable for damages from a criminal conviction unless a court determines in postconviction proceedings or direct appeal that ineffective assistance caused the conviction
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In juvenile or civil proceedings, appointed attorneys are not liable unless ineffective assistance of counsel is determined and proven to be the proximate cause of damages
Legislative Description
A bill for an act relating to indigent defense and the appointment of counsel by the court.
Last Action
Introduced, referred to Judiciary. H.J. 40.
1/14/2025