State v. Hicks

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’s subsequent negligence.

I

¶2 The Gila County grand jury indicted Rafael Durnan on four felony counts. Because he had no funds to hire an attorney, a Gila County Superior Court judge appointed…