Judicial Misconduct in Criminal Cases:

"The vast majority of criminal prosecutions throughout the country result in the defendant entering a plea of guilty...The Supreme Court in McMann held that the mandate for effective counsel included the obligation by counsel to competently and fully advise his client during plea negotiations.39 A guilty plea that has been entered without the effective assistance of counsel is invalid.40 In order for the plea to be constitutionally offered, the defendant must have waived his right to confront witnesses,41 the right to a trial by a jury of his peers,42 and the right to challenge the introduction of evidence that is to be used against him.43....Defense counsel has obligations to the defendant that must precede any advice to his client to plead guilty. ABA Criminal Justice Standard 4-6.1 warns the defense attorney that “[u]nder no circumstances should a defense counsel recommend to a defendant acceptance of a plea unless appropriate investigation and study of the case has been completed, including an analysis of controlling law and the evidence likely to be introduced at trial.”44 The Standards add that the duty of counsel to investigate exists even if the defendant states his desire to plead guilty and admits facts which do constitute guilt.45 An informed decision to plead guilty must assess the likelihood of a conviction at trial; therefore, investigation by counsel is required to determine the strength of the prosecutor's case.46 Witnesses must be interviewed, possible defenses explored, and viability of motions to suppress assessed.47 Legal research into the relevant case law must often be conducted because the belief of the defendant that he is guilty in fact may, nevertheless, not be supported by the elements of the statute that must be proven in order to show guilt as a matter of law.48 Certainly, the defendant’s posture during plea negotiations will be strengthened by counsel’s uncovering unexpected weaknesses in the prosecution's case..."

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