Please set value(s) for component.

Statement of William C. Hubbard, president, American Bar Association Re: Justice Department’s decision to no longer ask criminal defendants who plead guilty to waive their right to appeal over ineffective counsel

Advertisement

Search ABA News

  • Media

  • ABA News Sections

  • Key Issues

Statement of William C. Hubbard, president, American Bar Association Re: Justice Department’s decision to no longer ask criminal defendants who plead guilty to waive their right to appeal over ineffective counsel

By John Glynn

WASHINGTON, Oct. 15, 2014 -- The American Bar Association commends the Justice Department for its decision to stop asking criminal defendants who plead guilty to waive their right to claim that their attorney was ineffective.

Of the Justice Department’s 94 attorney’s offices, 59 already do not use the waiver and successfully perform their duties. Under this new policy, as Attorney General Eric Holder said, “no defendant will have to forego their right to able representation in the course of pleading guilty to a crime.”

The ABA urged Mr. Holder to do away with the policy last year.

Respect for the integrity of the criminal justice system requires a fair process, conflict-free defense counsel and the proper administration of justice. With a high percentage of criminal cases decided by guilty pleas, the routine use of waivers of ineffective assistance of counsel can create a conflict of interest and insulate attorney conduct from judicial review.

(Media contact: Matthew.Cimento@americanbar.org)

 

Please click here for a biography and photo of William C. Hubbard, president of the American Bar Association.

 

 

With nearly 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.ambar.org/news and on Twitter @ABANews.