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. In Kentucky, ethics opinions approved by the high court are binding on all attorneys in the state.
Posted on: Fri, 20 Sep 2013 14:02:17 +0000
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