Our legal system is complex and a lot more powerful than any individual. That is why the Constitution guarantees people accused of serious crimes the right to counsel. If a lawyer turns out to be negligent, the system must do all it can to protect the individual’s rights.
The Supreme Court has a chance to reinforce that fundamental protection in the case of Albert Holland. A Florida prisoner, he did everything he could to ensure that his lawyer filed his habeas corpus petition, which would allow the federal courts to review his state-court conviction for first-degree murder and other crimes.
He continually asked about it, and emphasized the importance of meeting the deadlines. The lawyer repeatedly assured Mr. Holland that he would take care of it, and then missed the habeas deadline. Mr. Holland was given a new lawyer, who argued that due to the first lawyer’s extreme negligence, the failure should be excused under “equitable tolling,” which allows for deadlines to be excused in the broader interests of justice.
The United States Court of Appeals for the 11th Circuit rejected the argument, ruling that even gross negligence by a lawyer does not provide a basis for equitable tolling. Unless there was “bad faith, dishonesty, divided loyalty, mental impairment,” or something of that magnitude, the court said, the deadline would stand.
http://www.nytimes.com/2010/03/01/opinion/01mon2.html?th&emc=th
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