Department of Justice

DOJ to Halt Demand that Guilty Defendants Waive Right to Claim Bad Counsel

"Everyone in this country who faces criminal legal action deserves the opportunity to make decisions with the assistance of effective legal counsel," Eric Holder says.

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The Justice Department said Tuesday that it will no longer ask criminal defendants who plead guilty to waive their right to claim that their attorney was ineffective and deprived them of their constitutional right to a competent counsel.

Attorney General Eric H. Holder Jr. said the new policy, his latest effort to reform the criminal justice system, is an attempt to ensure that all individuals who face criminal charges are ably represented.

"Everyone in this country who faces criminal legal action deserves the opportunity to make decisions with the assistance of effective legal counsel," Holder said in a statement. "Under this policy, no defendant will have to forego their right to able representation in the course of pleading guilty to a crime."