Kentucky Supreme Court upholds ethics rule

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LOUISVILLE, Ky. (AP) — Prosecutors in Kentucky will no longer be able to require defendants as part of a plea agreement to waive their right to appeal bad advice from their attorney.

The state Supreme Court on Thursday upheld a rule 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 Kentucky Bar Association said that prosecutors may not propose a plea agreement that requires someone to waive the right to attack a defense attorney’s performance on appeal.

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The U.S. attorneys in Louisville and Lexington challenged the rule.

In Kentucky, ethics opinions approved by the high court are binding on all attorneys in the state.

 



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