Kentucky Supreme Court upholds ethics rule - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Kentucky Supreme Court upholds ethics rule

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By BRETT BARROUQUERE
Associated Press

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.

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.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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