CRIMINAL DEFENSE LAWYER - THE CASE FOR ABSOLUTE IMMUNITY FROM CIVIL LIABILITY

• NCJ Number: 39590
• Journal: Dickinson Law Review Volume: 81 Issue: 2 Dated: (WINTER 1975) Pages: 229-235
• Author(s): N J NAKLES
• Date Published: 1977
• Length: 7 pages
• Corporate Author: Dickinson School of Law
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE ISSUE OF IMMUNITY FROM CIVIL LIABILITY WHICH IS GRANTED TO COURT APPOINTED DEFENSE COUNSEL AND CONCLUDES THAT THE PROTECTION SHOULD BE EXTENDED TO PRIVATELY RETAINED DEFENSE COUNSEL AS WELL.

Abstract

TO SUPPORT HIS POSITION, THE AUTHOR EXPLORES CASE LAW PROVIDING THIS TYPE OF IMMUNITY TO JUDGES, PROSECUTORS, CLERKS OF COURT, PAROLE BOARDS, PROBATION OFFICERS, COURT REPORTERS, PUBLIC DEFENDERS, AND APPOINTED COUNSEL. RELEVANT SECTIONS OF THE ABA (AMERICAN BAR ASSOCIATION) STANDARDS RELATING TO THE DEFENSE FUNCTION ARE DISCUSSED AS ARE LEGAL REMEDIES FOR CRIMINAL DEFENDANTS WHO ARE VICTIMS OF DEFENSE COUNSEL ERRORS, AND BAR ASSOCIATION AND STATUTORY LIMITS ON ATTORNEY CONDUCT. IT IS ARGUED THAT THESE REMEDIES PROVIDE THE CRIMINAL DEFENDANT ADEQUATE REMEDY FOR INEFFECTIVE COUNSEL AND THAT THE THREAT OF CIVIL TORT LIABILITY INHIBITS THE FREEDOM OF THE DEFENSE ATTORNEY TO MANAGE THE DEFENSE....EB