Terry Hanson, Below v. Carl and Pamela Morton, Below

Summary

The Court held that in-house counsel appointed by the Family Court to represent indigent parents in dependency and neglect proceedings receive qualified immunity under the Delaware Tort Claims Act. It further held that the absence of malpractice insurance does not constitute good cause for appointed counsel to withdraw because any malpractice claim would be subject to dismissal under that immunity. The Court answered both certified questions and left the Family Court to proceed under those answers.