Friday, November 8, 2013
The Kansas Supreme Court affirmed the dismissal of a legal malpractice suit against a court-appointed attorney and the agency that administers the indigent counsel program.
The client was convicted of sex ccrimes. The conviction was set aside and the client entered a guilty plea to amended charges. He then sued the defense attorneys and the Board of Indigents' Defense Services for legal malpractice.
The court held that the Board is a subordinate government agency that does not have the capacity to sue or be sued.
Because the plea to lesser charges precluded a finding of actual innocence, the trial court did not err in dismissing the malpractice case. (Mike Frisch)