NCJ Number
109440
Journal
Emory Law Journal Volume: 36 Issue: 3 Dated: (Summer 1987) Pages: 817-836
Date Published
1987
Length
20 pages
Annotation
Exempting legitimate fees of defense attorneys from forfeiture provisions of the Racketeer Influenced and Corrupt Organizations statute, the Continuing Criminal Enterprise statute, and the Comprehensive Forfeiture Act would solve the sixth amendment problems raised by fee forfeiture.
Abstract
Such a measure protects both the attorney-client relationship and the balance of power essential to the functioning of the adversary system of criminal justice. In contrast, allowing the government to obtain the forfeiture of defense attorneys' fees permits the government, in the words of the U.S. Supreme Court, to disrupt the 'balance of forces between the accused and the accuser' that due process requires, thereby posing a serious threat to the adversary process. These results flow inevitably from the structure of the forfeiture statutes and from the impact of fee forfeitures upon three interests protected by the sixth amendment. These are the right to have an attorney, the right to choose counsel, and the right to effective assistance of counsel. 86 footnotes.