One Strike and You're Out: Padilla Advisement About Public Housing Eligibility

14 Pages Posted: 30 Nov 2011  

Deirdre P. Brown

University of the District of Columbia - David A. Clarke School of Law

Date Written: November 30, 2011

Abstract

Post Padilla an attorney has an affirmative duty under the Sixth Amendment to advise a client about the loss of public housing eligibility as a consequence of a criminal conviction or plea. This collateral consequence is even more severe than civil commitments, loss of pension, sex offender registry and parole eligibility in that it not only punishes the offender but the offender’s entire family. No other collateral consequence directly affects innocent bystanders in such a direct and punitive way. Attorneys must begin to recognize that there already exist an ethical and moral duty to advise clients of the collateral consequence of the loss of public housing eligibility and that this duty to advise meets the Sixth Amendment requirement for effective assistance to counsel. Moving forward attorneys must become aware and be more vigilant about collateral consequence advice if they want to successfully avoid Sixth Amendment ineffective assistance of counsel claims especially when it comes to a well-established federal law such as the One Strike Policy.

Keywords: Padilla, one strike, plea, conviction, criminal, eviction, collateral, consequence, 6th, Sixth, amendment, effective, assistance, one, strike, federal, public, housing

Suggested Citation

Brown, Deirdre P., One Strike and You're Out: Padilla Advisement About Public Housing Eligibility (November 30, 2011). Available at SSRN: https://ssrn.com/abstract=1966545 or http://dx.doi.org/10.2139/ssrn.1966545

Deirdre P. Brown (Contact Author)

University of the District of Columbia - David A. Clarke School of Law ( email )

4200 Connecticut Ave. NW
Washington, DC 20003
United States

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