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

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.