Preview of Member Only Content
For full access: or Become a Member
NACDL News: NACDL Adopts Ethics Opinion Concerning Plea Agreements Barring Collateral Attack
By Ivan J. Dominguez
NACDL News columns.
At its fall board meeting in New Orleans, La., on Oct. 27, 2012, NACDL’s Board of Directors adopted Formal Opinion 12-02 concerning plea agreements barring collateral attack. According to the opinion, “NACDL’s Ethics Advisory Committee, as well as the Strike Force and other committees, have again received several queries regarding a requirement in some federal plea agreements that bar collateral attacks on convictions under 28 U.S.C. § 2255.” It sets forth that the question presented is “whether it is ethical for criminal defense lawyers to participate in such a plea agreement in the absence of an express exclusion for claims based on ineffective assistance of counsel.” The Ethics Advisory Committee opinion, as adopted by NACDL’s Board of Directors, reflects the determination that “it is not” ethical and that NACDL also believes “that prosecutors may not ethically propose or require such a waiver.” Formal Opinion 12-02 is available in the Resource Center section of NACDL’s
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or email@example.com
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.