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IA HSB13
SB
Status
1/15/2025
Primary Sponsor
Judiciary
Click for details
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 Chapter 669 (state tort claims)
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These appointed attorneys would receive defense and indemnification under Section 669.21, meaning the state must defend them against claims and hold them harmless
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Attorneys appointed under this section remain not liable for damages from criminal convictions unless a court determines in postconviction proceedings or direct appeal that ineffective assistance of counsel caused the conviction
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In juvenile or civil proceedings, appointed attorneys are not liable for damages unless ineffective assistance of counsel is determined and shown to be the proximate cause of damage
Legislative Description
A bill for an act relating to indigent defense and the appointment of counsel by the court.(See HF 317.)
Last Action
Committee report approving bill, renumbered as HF 317.
2/10/2025