## Facts

- Jason Mashaney was charged with sex offenses involving his 5-year-old daughter and was represented by public defenders provided through the Board of Indigents’ Defense Services (BIDS).
- After multiple trials, Mashaney was convicted of sex-related offenses; his convictions were affirmed on direct appeal.
- Mashaney obtained postconviction relief under K.S.A. 60-1507 based on ineffective assistance of counsel, and the conviction was reversed.
- After postconviction relief, Mashaney entered an Alford plea to different charges pursuant to a plea agreement; the State dismissed the original charges.
- Before sentencing on the new charges, Mashaney filed a civil legal-malpractice action against BIDS, his trial counsel, and his appellate counsel.

## Issues

1. Whether BIDS has the legal capacity to be sued in a civil legal-malpractice action arising from ineffective assistance by a BIDS-provided lawyer.
2. Whether a former criminal defendant must prove actual innocence of the underlying charged conduct as a prerequisite to pursuing legal malpractice against defense counsel.
3. When a criminal legal-malpractice claim accrues for statute-of-limitations purposes when the plaintiff obtained postconviction relief based on ineffective assistance of counsel.

## Decision

- The Kansas Supreme Court held that BIDS is not subject to suit in this legal-malpractice action and affirmed BIDS’ dismissal.
- The court rejected an actual-innocence prerequisite and held Mashaney was not categorically barred from pursuing malpractice claims against the individual attorneys.
- The court held the malpractice claim accrued when Mashaney received postconviction relief due to ineffective assistance, and the two-year limitations period ran from that date.
- The court held the action was timely filed and reversed contrary rulings that precluded the malpractice claims against the individual attorneys.

## Legal Principles

- A subordinate state agency lacks capacity to sue or be sued absent express statutory authorization; BIDS is not a proper defendant for this type of malpractice suit without such authorization.
- In Kansas, proof of actual innocence is not required to pursue a criminal-defense legal-malpractice claim after the plaintiff has obtained relief from the conviction based on ineffective assistance of counsel.
- For ineffective-assistance-based malpractice claims, accrual occurs on the date postconviction relief is granted; later continuation, revival, or resolution of the criminal case does not change the accrual date.
- A malpractice action filed within two years of postconviction relief is timely under the applicable limitations period.

## Conclusion

The Kansas Supreme Court insulated BIDS from direct malpractice liability for lack of statutory capacity to be sued, but allowed malpractice claims against individual defense lawyers to proceed without requiring proof of actual innocence, and held the limitations clock starts when the plaintiff obtains postconviction relief for ineffective assistance.


Mashaney v. Bd. of Indigents' Def. Servs., 355 P.3d 667 (Kan. 2015)