Dwight Laughlin v. Dewayne Perry and Ellen Flottman

Summary

The Supreme Court of Missouri reverses a judgment entered against public defenders in a legal malpractice action arising from their failure to challenge Missouri’s jurisdiction over crimes committed on federal property. The Court holds that public defenders are state employees entitled to official immunity for discretionary decisions concerning which defenses and appellate arguments to pursue, absent malice. The case is remanded.

Holdings

1. Public defenders are public employees who may invoke Missouri's official-immunity doctrine for acts performed within the scope of their official duties, absent malice, when those acts are discretionary rather than ministerial.
2. A public defender's choice of defenses and appellate issues is discretionary and therefore protected by official immunity.
3. State Legal Expense Fund coverage does not preclude a state employee from asserting official immunity.

Questions Presented

1. Whether public defenders are entitled to official immunity from legal malpractice claims arising from their representation of indigent criminal defendants.
2. Whether public defenders' decisions about which defenses to raise and which appellate arguments to pursue are discretionary acts protected by official immunity.
3. Whether coverage under Missouri's State Legal Expense Fund precludes public defenders from asserting official immunity.

Disposition

reversed_and_remanded