The bill amends Section 815.10 of the Iowa Code to address the liability of attorneys appointed by the court in cases of ineffective assistance of counsel. It specifies that an attorney appointed under this section is not liable for damages resulting from a conviction unless a court determines that the conviction was due to ineffective assistance of counsel, which must be the proximate cause of the damage. This provision applies to both criminal and juvenile or civil proceedings.
Additionally, the bill introduces new legal language stating that a noncontract attorney appointed by the court, who is accused of ineffective assistance of counsel without their consent, will be treated as a state employee under Chapter 669. This includes provisions for defense and indemnification under Section 669.21, which ensures that the state will defend and indemnify the attorney against any claims. This change aims to provide additional protections for appointed attorneys facing allegations of ineffective assistance.
Statutes affected: Introduced: 815.10