Estate of Robinson v. Randolph County Commission

(Filed July 10, 2001)

I concur with the majority opinion’s decision to reverse the dismissal of the plaintiffs’ claims, and to remand this case to the circuit court for additional proceedings. I write separately, however, because I believe that, regardless of the circuit court’s lack of factual findings, the Court could have gone further and addressed the legal positions of the parties.

This Court recently made clear that while a court-appointed attorney may be immune from suit for acting negligently during the course of representing a client, the attorney can still be held liable if the…