U.S. v. KENTUCKY BAR ASS'N

No. 2013-SC-000270-KB.

439 S.W.3d 136 (2014)

UNITED STATES of America, by and Through the UNITED STATES ATTORNEYS for the EASTERN and WESTERN DISTRICTS OF KENTUCKY, Movant v. KENTUCKY BAR ASSOCIATION, Respondent.

Supreme Court of Kentucky.

August 21, 2014.


Attorney(s) appearing for the Case

Kerry Brent Harvey , United States Attorney, Charles P. Wisdom, Jr. , Assistant United States Attorney, Eastern District of Kentucky, David Jason Hale , United States Attorney, Terry Martin Cushing , Assistant United States Attorney, Western District of Kentucky, Counsel for Movant.

John Downing Meyers , Executive Director, Thomas H. Glover , Chief Bar Counsel, Kentucky Bar Association, Brian Scott West , General Counsel, Department of Public Advocacy, Counsel for Respondent.

Francis William Heft, Jr. , Office of the Federal Defender, Counsel for Amicus Curiae Western Kentucky Community Defender, Inc.

Jerry J. Cox , Jerry J. Cox, P.S.C., John Wesley Hall, Jr. , Joseph V. Aprile, II , Lynch, Cox, Gilman & Goodman, P.S.C., Counsel for Amicus Curiae Legal Ethics Practitioners, Legal Ethics Professors, and National Association of Criminal Defense Lawyers.

Larry David Simon , Counsel for Amicus Curiae the Innocence Network.

Scott T. Wendelsdorf , Office of the Federal Defender, Counsel for Amicus Curiae Western Kentucky Community Defender, Inc.


Opinion of the Court by Chief Justice MINTON.

"[O]urs is for the most part a system of pleas, not a system of trials[.]"1 Plea bargaining is "not some adjunct to the criminal justice system; it is the criminal justice system."2 The pervasiveness of plea bargain agreements in the Courts of the Commonwealth cannot be overstated. Today, we deal with the ethical...

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