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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
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