NACDL News: Kentucky Supreme Court Upholds Ethics Opinion Barring Plea Agreements Containing Waivers

In a landmark decision, the Supreme Court of Kentucky unanimously rejected a challenge by the federal government, by and through its federal prosecutors in that jurisdiction, to Kentucky Bar Association Ethics Opinion E-435, which states that the use of ineffective assistance of counsel (IAC) waivers in plea agreements violates Kentucky’s Rules of Professional Conduct. The case, United States v. Kentucky Bar Association., was decided on Aug. 21.