Board Resolution ~ 02/23/2002(3)

Committing NACDL's Support in Furthering Indigent Defense Systems

Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Committing NACDL's Support in Furthering Indigent Defense Systems

Miami, Florida
February 23, 2002

WHEREAS the National Association of Criminal Defense Lawyers (NACDL) is committed to furthering indigent defense systems that ensure quality representation of all accused individuals;

WHEREAS NACDL has authorized its Indigent Defense Committee (IDC) to meet that commitment through the development and pursuit of systemic Indigent Defense Litigation and Reform (IDLR);

WHEREAS systemic IDLR requires a long-term, multi-year commitment of substantial funds for case development and litigation expenses;

WHEREAS it is difficult to predict litigation-related expenditures for any one fiscal year;

IT IS HEREBY RESOLVED that the NACDL makes a commitment of providing up to $75,000 for systemic IDLR during the period of Fiscal Year 2003 through Fiscal Year 2005.

The NACDL will budget the sum of $25,000 as a line item for IDLR for each of Fiscal Year 2003, Fiscal Year 2004 and Fiscal Year 2005.

In the event the Chair or Co-chair of the Indigent Defense Committee determine that funds beyond the amount budgeted are necessary to fund systemic litigations and/or reform projects which have been approved by the NACDL Board of Directors, they may exceed the amount budgeted for that particular fiscal year.

In no event will the amount spent during the three fiscal years exceed $75,000. In no event will any funds be expended for IDLR projects unless the projects have been previously approved by the Board of Directors.

If, in any fiscal year, expenditures from the IDLR budget line item are less than $25,000, the funds remaining shall revert to the NACDL reserve, as is the general practice.

In the event expenditures for IDLR projects in a single year exceed $25,000, the NACDL Executive Director and Financial Director shall draw funds from the NACDL reserve funds in the amount the expenditures exceed $25,000, provided that the amount of such funds withdrawn shall not exceed the difference between $75,000 and the amount that had been expended for IDLR projects during the Fiscal Years 2003-2005 time period.

It is the express intent of the Board that if the funds expended on IDLR projects in a single fiscal year exceed $25,000, no funds need be reallocated to ensure a balanced budget. Rather, expenditures beyond the $25,000 budgeted may cause a deficit budget or operation Ain the red.

The Board and the IDC intend that this three-year allocation of $75,000 total will be the maximum amount of funds available for IDLR projects for Fiscal Years 2003B2005. 

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