High Court Deportation Ruling Sets New Standard for Legal Advice

(Law.com) In a decision that one justice called "a major upheaval in Sixth Amendment law," the U.S. Supreme Court on Wednesday ruled that lawyers have a constitutional obligation to advise clients of the collateral deportation consequences of a guilty plea in a criminal case.

"It is our responsibility under the Constitution to ensure that no criminal defendant -- whether a citizen or not -- is left to the mercies of incompetent counsel," wrote Justice John Paul Stevens for the 7-2 majority.

"Today's ruling will elevate the profile of the problem" of collateral consequences, said Richard Cassidy of Hoff, Curtis, Pacht, Cassidy, Frame & Katims in Burlington, Vt. Cassidy headed an effort by the Uniform Law Commission that drafted a model state law for collecting and disseminating information about collateral consequences for the benefit of defendants. The American Bar Association endorsed the model law in February and is also working to compile the data under a federal grant program. "The ruling will help to persuade the states that we have to understand this problem," Cassidy said.

Scott Drake talks with Richard Cassidy