Wednesday, July 10, 2013

Kentucky Bar forbids waiver of right to ineffective assistance of counsel

Bruce Green points out that the United States has appealed a Kentucky Ethics Opinion to the state's Supreme Court.  It is an odd move because Kentucky's choice of law rule is that lawyers are subject to the rules of the court in which they appear, not their "home" licensing state.  On the merits, the Kentucky opinion is admirable.  But the Department of Justice, characteristically acting like a bully cop, finds the ruling objectionable.  - GWC

Subject: Plea Agreements Waiving the Right to Pursue an Ineffective Assistance of Counsel Claim
Question 1: May a criminal defense lawyer advise a client with regard to a plea agreement that waives the client’s right to pursue a claim of ineffective assistance of counsel as part of the waiver of the right to collaterally attack a conviction
covered by the plea agreement?
Answer: No.
Question 2: May a prosecutor propose a plea agreement that requires a waiver of the defendant’s or potential defendant’s right to pursue a claim of ineffective assistance of counsel relating to the matter that is the subject of the plea agreement?
Answer: No
'via Blog this'

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