TortsProf Blog

Editor: Christopher J. Robinette
Southwestern Law School

Thursday, April 16, 2020

NJ: Legal Malpractice Claims Against Public Defenders Subject to Tort Claims Act

George Conk has coverage at Torts Today.  The gist:

"Attorneys serving under the public defender, whether full-time staff attorneys or contracted pool attorneys, meet the definition of an OPD employee for TCA purposes, and have been treated as public employees in previous cases, Justice Jaynee LaVecchia wrote for the court. The OPD is an office within the executive branch, whose head is appointed by the governor with the advice and consent of the state Senate, LaVecchia said. It relies on state funding appropriated through the annual state budget."

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