The New York State-Federal Judicial Council will hold a roundtable April 8 to discuss the impact of two 2012 U.S. Supreme Court opinions on plea bargaining: Missouri v. Frye and Lafler v. Cooper. The event will be held at the Eastern District Courthouse in Brooklyn at 5:30 p.m., and simulcast in federal courthouses across the state (See Flyer).
Both cases, decided by 5-4 votes, held that the Sixth Amendment right of effective assistance extends to plea negotiations. The court found for the first time that the right to effective assistance of counsel is implicated when a plea bargain offer is rejected or lapses because of bad advice from a lawyer. Since roughly 95 percent of convictions in state and federal court result from plea bargains, the rulings are expected to have a significant impact on criminal practice.
Among those slated to take part are Eastern District Judge Dora Irizarry, New York City Criminal Court Administrative Judge Barry Kamins, Alfred O'Connor of the New York State Defenders Association and Kristine Hamann, executive assistant district attorney in the office of the special narcotics prosecutor. Marjorie Peerce of Stillman & Friedman will moderate. The event will be simulcast at federal courthouses in Albany, Binghamton, Buffalo, Long Island, Rochester, Syracuse, Utica and White Plains. RSVP no later than April 1 to rsvp@nyed.uscourts.gov, indicating attendance location.
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