Cardozo Law Review de•novo

Volume

2024

First Page

95

Last Page

132

Publication Date

2024

Document Type

Note

Abstract

This Note examines the right to effective assistance of counsel during guilty pleas through the lens of the pending Second Circuit case Farhane v. United States. This case will have significant implications for the right to effective legal representation, particularly in terms of defense attorneys’ duty to warn clients of the potential risk of denaturalization as a consequence of pleading guilty. In May 2024, the court reheard Farhane en banc and will issue a decision later this year. If this opinion aligns with the court’s initial decision, it will severely limit the rights of all defendants in criminal proceedings in the Second Circuit. This Note traces the development of the right to effective assistance of counsel to contextualize Farhane. This Note then critiques the initial Farhane decision, highlighting its incongruity with historical approaches to ineffective assistance of counsel (IAC) claims. This Note then argues for a shift toward a client-centric and circumstance-specific approach to IAC claims. Such approach would be grounded in evolving professional norms and acknowledge the severe nature of certain consequences to ensure defendants receive comprehensive legal counsel during plea negotiations. This Note contends that courts should demand more “competent” counsel to protect the fairness of plea bargaining and the overall integrity of the criminal justice system.

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