New ABA task to study broad implications of Padilla on criminal defense practice

ABA to Study Changing Role of Criminal Defense Lawyers Post-'Padilla' 

New York Law Journal

The new ABA task force will look not only at the specific obligations created by the Padilla decision and other rulings applying it, but also at the broader implications for the role of defense lawyers.

Bruce Green, a Fordham University School of Law professor and chair of the ABA's criminal justice section, said the bar group has already collected data on the collateral consequences of criminal convictions that have an "extraordinary impact" on clients' lives.

"Padilla raised the level of consciousness," said Mr. Green. "It has reminded lawyers that they must learn about, and advise clients about, the impact of a guilty plea on their immigration status and in other significant ways beyond sentencing."

Mr. Green said the new task force is needed "because clients need more than good advice about the consequences of a guilty plea. The task force will ask what else lawyers can do to assist criminal defendants with current civil legal problems or non-legal problems related to the criminal case."

Mr. Green added, "Criminal defense lawyers might help by broadening the scope of their representation beyond the criminal case or by making referrals to, and collaborating with, other professionals. The task force will study how lawyers and their offices address these situations, often in the face of time and resource limitations."

ABA Padilla Resource Page

DOJ Office of Immigration Litigation Issues Reference Guide to Immigration Consequences of Crimes

The Court’s holding in Padilla requires defense counsel to have a basic understanding of immigration law – an area in which they “may not be well versed” – in order to effectively advise their clients. Padilla, 130 S. Ct. at 1483. The decision is also of obvious importance, however, to federal and state prosecutors and judges, among other interested parties. This guide – to which many OIL attorneys have contributed – presents a brief, cogent, and clear introduction that identifies and summarizes the relevant statutes.

REVISED Padilla v. Kentucky Reference Guide 11-8-10

 

Practice Tip - Padilla related

Criminal defense attorneys should ask in all initial interviews the birthplace of the defendant.   Don't fall into the trap of doing this only in cases in which the client doesn't "look" like an American citizen.

For more Padilla Practice tips see:

Practice Advisory: Duty of Criminal Defense Counsel Representing an Immigrant Defendant after Padilla v. Kentucky (April 9, 2010) (237K PDF). This practice advisory, prepared by the Immigration Defense Project for the Defending Immigrants Partnership, provides initial guidance on the duty of criminal defense counsel representing an immigrant defendant after the Supreme Court's Sixth Amendment right to counsel decision in Padilla v. Kentucky (U.S. March 31, 2010). In this decision, the Court held that, in light of the severity of deportation and the reality that immigration consequences of criminal convictions are inextricably linked to the criminal proceedings, the Sixth Amendment requires defense counsel to provide affirmative, competent advice to a noncitizen defendant regarding the immigration consequences of a guilty plea, and, absent such advice, a noncitizen may raise a claim of ineffective assistance of counsel.

Audio from AILA: Putting Padilla v. Kentucky into Practice

With the stroke of a pen the United States Supreme Court opened a window of relief for thousands of immigrants facing deportation because of ill-advised criminal pleas. Join AILA Members Dan Kowalski, Maria Baldini-Potermin and Kristin Etter as they discuss Padilla v. Kentucky. Our immigration and criminal defense experts discuss strategies for preserving and pursuing Padilla issues in removal proceedings and how you can work with criminal defense counsel to make the most effective use of post-conviction relief for ineffective assistance of counsel.

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