No Vicarious Liability For Negligence Of Appointed Counsel

Is a state subject to liability if court-appointed criminal defense counsel provides negligent representation?  No, according to a recent decision of the Arizona Supreme Court. 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. (Mike Frisch)