This bill amends Section 815.10 of the Iowa Code regarding the liability of attorneys appointed to represent indigent defendants. It specifies that an attorney appointed under this section is not liable for damages resulting from a conviction unless it is determined that the conviction was due to ineffective assistance of counsel, which must be the proximate cause of the damage. The bill further clarifies that in juvenile or civil proceedings, similar conditions apply for liability concerning ineffective assistance of counsel.
Additionally, the bill introduces new provisions stating that any attorney accused of ineffective assistance of counsel, without their consent, will be treated as a state employee under Chapter 669 of the Iowa Code. This includes protections such as defense and indemnification under Section 669.21, which ensures that the state will defend and hold harmless the attorney against any claims made. This change aims to provide additional legal protections for appointed counsel in indigent defense cases.
Statutes affected: Introduced: 815.10