STATE v. HICKS

No. CV-08-0174-PR.

198 P.3d 1200 (2009)

STATE of Arizona, Petitioner, v. The Honorable Bethany G. HICKS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Raphael Durnan, Real Party in Interest.

Supreme Court of Arizona, En Banc.

January 12, 2009.


Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, Phoenix, by Daniel P. Schaack, Assistant Attorney General, Richard P. Broder, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Sherick Law Office by Steven P. Sherick and William G. Walker, P.C. by William G. Walker and Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. by Stanley G. Feldman, Tucson, Attorneys for Rafael Durnan.


OPINION

RYAN, Justice.

¶ 1 We here consider whether the State is vicariously liable when a private attorney appointed to represent an indigent criminal defendant provides negligent representation. We hold that when there is no claim that an indigent defendant's appointed contract attorney did not have the required skill and experience to handle the case, the State cannot be held liable for the attorney...

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