Documents
No. 12-02 Plea Agreements Barring Collateral Attack
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. The question presented is whether it is ethical for a criminal defense lawyer to participate in such a plea agreement in the absence of an express exclusion for claims based on ineffective assistance of counsel. NACDL has determined that it is not, and believes that prosecutors may not ethically propose or require such a waiver.
