The Ethics of Plea Bargains That Waive the Right to Challenge the Conviction on the Grounds of Ineffective Assistance of Counsel
In November 2012 the Kentucky Bar Association issued Ethics Opinion E-435 that holds as a matter of ethics a criminal defense attorney may not advise a defendant with regard to a plea agreement that waives the right to collaterally attack the conviction on the grounds of ineffective assistance of counsel. The opinion also holds that a prosecutor may not ethically propose a plea agreement that contains such a waiver. However, the United States Attorneys for the Eastern and Western Districts of Kentucky have sought a review of Ethics Opinion E-435 in the Kentucky Supreme Court. This program will examine the ethical questions and pragmatic issues that this opinion addresses and raises.
Presenters include: J. Vincent Aprile II, Lynch Cox Gilman & Goodman; Professor Grace M. Giesel, University of Louisville Brandeis School of Law, Scott Wendelsdorf, Chief Federal Public Defender for the Western District of Kentucky, and B. Scott West, KY Department of Public Advocacy
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