A lawyer gives his client bad advice about a plea agreement, resulting in the defendant being deported or spending more time in prison than expected before being parole eligible.
If the Kentucky Supreme Court agrees with federal prosecutors, that defendant won’t be able to later appeal his conviction because of the lawyer’s bad advice.
The Kentucky Supreme Court is weighing a request by the U.S. attorneys in Louisville and Lexington to overturn a Kentucky Bar Association rule detailing what may be included in plea agreements.
The bar issued an ethics advisory opinion in November banning defense attorneys from advising a client about a plea agreement requiring them to waive their right to challenge the attorney’s performance at a later date. In the same opinion, the Bar ruled that prosecutors may not propose a plea agreement that requires someone to waive the right to attack a defense attorney’s performance on appeal.
UNITED STATES OF AMERICA, BY AND THROUGH THE UNITED STATES
ATTORNEYS FOR THE EASTERN AND WESTERN DISTRICTS OF
KENTUCKY V. KENTUCKY BAR ASSOCIATION (2013-SC-270-KB)
Movant's Reply Brief
Respondent's Response Brief
Amicus Curiae Brief 1
Amicus Curiae Brief 2
"Is it unethical for a criminal defense attorney to advise a client about a plea
agreement that requires the defendant to waive ineffective assistance of
counsel claims and is it unethical for a prosecutor to make such an offer."
Attorneys for Movant: Kerry Brent Harvey and David Jason Hale
Attorneys for Respondent: Thomas H. Glover, John D. Meyers and Brian Scott