Vol. 10 Issue 6 - 6/29/11


Announcement of 2011 NACDL Election

    No petitions were received for Officer positions. Pursuant to Article VIII Section 3(b) of the bylaws, at the Annual Meeting in Denver, Colorado, the Secretary shall declare the Officer candidates of the Nominating Committee elected by acclamation.

    One valid, timely submitted petition for nomination to the Board of Directors was received. Consequently, an election will be held for the nine open seats on the Board of Directors. A ballot listing the ten candidates has been sent to all voting members as a wrap to the May 2011 issue of The Champion, and the election results will be announced on August 6, 2011, at the Annual Membership Meeting in Denver, Colorado. For ballots to be valid, they must be received no later than 5:00pm EDT, Wednesday, July 27, 2011.

    Information about the election, candidates, and statements of qualification can be found at www.nacdl.org/elections. All rules and requirements governing the conduct of NACDL elections may be viewed at www.nacdl.org/elections and a copy of those rules may be obtained by contacting Daniel Weir at daniel@nacdl.org.

    BALLOT CORRECTION: The ballot as distributed lists William H. Buckman as being from Morristown, NJ. Mr. Buckman is in fact from Moorestown, NJ.

U.S. Supreme Court Grants Cert. in GPS Surveillance Case as Civil Liberties Coalition Weighs in on Similar Case in the Ohio Supreme Court 

    In a much anticipated ruling, the U.S. Supreme Court agreed on Monday, June 27, 2011, to hear the Obama administration’s appeal of a federal court decision that the government’s use of a GPS tracking device on a defendant’s vehicle for a month was a search that required a warrant. The Justice Department argues that law enforcement should have the authority, unsupervised by any court, to use GPS technology to monitor and store the movements, 24/7, of whomever it targets, anywhere, anytime, without a warrant. 

    For more information, please click here.

    In a similar case, a diverse group of civil liberties organizations, defenders and law professors recently filed an amicus brief in State v. Johnson, currently before the Supreme Court of Ohio. The case has profound implications for the privacy rights of individuals and organizations. The groups argue that this kind of tracking, unlimited by space or time, requires a court to first issue a warrant based upon a showing of probable cause.

    The organizations and individuals that joined NACDL on this amicus curiae, or “friend of the court,” brief include the Ohio Association of Criminal Defense Lawyers, Electronic Frontier Foundation, First Amendment Lawyers Association, Center for Democracy and Technology, American Civil Liberties Union of Ohio, Office of the Ohio Public Defender, and seven Ohio Professors of Law. Authors: Susan J. Walsh, Vladeck, Waldman, Elias & Englehard, P.C., New York, NY; Norman L. Reimer, Exec. Dir., NACDL, Washington, DC; Michael W. Price, National Security Coordinator, NACDL, Washington, DC. Ohio attorney Ravert J. Clark is Counsel for Amici Curiae on this brief.

    For more information on this case, please click here.

Criminal Defense Bar Urges Sentencing Commission to Make Reduced Crack Cocaine Guideline Retroactive

    Last summer, the Fair Sentencing Act of 2010 was signed into law. While the legislation failed to eliminate the sentencing disparity between crack and powder cocaine completely, it did reduce that disparity to roughly 18:1. Since enactment, distribution of a gram of crack roughly draws the same sentence as distribution of 18 grams of powder. Currently, though, the sentencing guidelines amendments implementing the Fair Sentencing Act of 2010 are not retroactive. U.S. Sentencing Commission staff estimates that 12,040 offenders at most would be eligible for a sentence reduction if the amendment is made retroactive. Justice demands that these offenders too benefit from the change in the law. On Wednesday, June 1, 2011, Jim E. Lavine, president of NACDL, appeared before the U.S. Sentencing Commission on behalf of NACDL to make exactly that point.

    For more information, please click here.

Criminal Defense Bar Urges Congress to Reform Foreign Corrupt Practices Act

    There was little disagreement at a Congressional hearing on Tuesday, June 14, 2011, that there has been a significant ramp up in recent years of prosecutions and fines under the Foreign Corrupt Practices Act of 1977 (FCPA), a law whose original purpose was to prohibit American people and corporations from bribing foreign officials in exchange for business opportunities. Indeed, by the close of testimony, Rep. Jim Sensenbrenner (R-WI), chairman of the Subcommittee on Crime, Terrorism and Homeland Security of the House Judiciary Committee, expressed an intention to pursue legislation to address FCPA issues raised at today’s hearing.

    With the Department of Justice deploying this instrument of the criminal law with ever greater frequency and consequences, the FCPA’s significant shortcomings have come into starker relief and have become a cause of increasing concern in America’s legal and business communities. Shana-Tara Regon, the director of white collar crime policy at NACDL, brought the attention of Congress to the manifest lack of predictability of conduct that runs afoul of the FCPA. Regon’s testimony also explored the absence of clarity concerning key terms in the law, including the fundamental issue of who qualifies as a “foreign official,” an issue that arises in jurisdictions the world over where, for example, corporations with whom Americans are doing business are themselves state-owned in whole or in part. Regon also called attention to applications of the law that undermine a key element in the criminal law – an intent, or mens rea, requirement.

    For more information, please click here.

NACDL Opposes Guantanamo Death Penalty Proceedings

    NACDL opposes military commissions and maintains that the federal courts have proven to be an unparalleled instrument for trying terrorism cases. That Defense Department prosecutors intend to seek the death penalty in such a flawed system is particularly egregious and possibly constitutes a new low in the recent history of American jurisprudence.

    In response to the Pentagon’s announcement that it has preferred charges against Guantanamo detainees Khalid Sheikh Mohammed, Muhammad Salih Mubarak Bin 'Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, and Mustafa Ahmed Adam al Hawsawi,NACDL President Jim E. Lavine issued the following statement:

    “The military commission system is not about seeking justice as much as it is about obtaining convictions."

    For more information, please click here.

Age Does Matter in Juvenile Interrogations

    More than two decades of exonerations have shown that pressure from police too often results in people confessing to crimes they have never committed. There is no reason to believe that children and adolescents would be immune to such pressures; common sense tells us the opposite is true. Recognizing the potential vulnerability of a juvenile suspect who was interrogated by police and school administrators, the U.S. Supreme Court held on Thursday, June 16, 2011, that courts must take a juvenile’s age into consideration when determining whether the child would have felt free to leave the room or exercise his right to remain silent during questioning about a crime.

    The case is J.D.B. v. North Carolina. The majority opinion was written by Justice Sonia Sotomayor, who has prior experience as a federal trial court judge and New York state prosecutor.

    NACDL filed an amicus curiae, or “friend of the court,” brief in the case. Authors: Jeffrey T. Green, Mark D. Hopson, Stephanie P. Hales, Sidley Austin, Washington, DC.

    For more information, please click here.

Due Process May Require Appointment of Counsel in Civil Contempt Cases

    On Monday, June 20, 2011, the Supreme Court reaffirmed that freedom “from bodily restraint,” lies “at the core of the liberty protected by the Due Process Clause.” In Turner v. Rogers, No. 10-10, a 5-4 majority held that the State of South Carolina violated a non-custodial parent’s right to due process of law by sentencing him to a year in jail without a reliable procedure for determining whether he had the ability to pay back child support or providing him with counsel to help him prove his case.

    NACDL filed two amicus curiae, or “friend of the court,” briefs in the case. NACDL’s briefs are here (U.S. Supreme Court), and here (S.C. Supreme Court). Authors of the U.S. Supreme Court amicus brief: Stephen J. McConnell, Meghan Rohling Kelly, Christina S. Keddie and David S. Caroline, Dechert LLP, Philadelphia, PA. Joining NACDL in the U.S. Supreme Court brief were the Brennan Center for Justice, the National Legal Aid and Defender Association, the Southern Center for Human Rights, and the American Civil Liberties Union. Authors of the S.C. Supreme Court amicus brief: Stephen J. McConnell and Meghan Rohling Kelly, Dechert LLP, Philadelphia, PA.

    For more information, please click here.

U.S. Supreme Court Reinforces Vitality of the Sixth Amendment's Confrontation Clause

    The U.S. Supreme Court ruled on Thursday, June 23, 2011, that “The Sixth Amendment’s Confrontation Clause confers upon the accused ‘[i]n all criminal prosecutions, . . . the right . . . to be confronted with the witnesses against him.’” And in the context of forensic laboratory reports containing a testimonial certification, a surrogate analyst simply won’t do. In this case of alleged driving while intoxicated, the defendant was denied the opportunity to cross-examine the lab analyst who completed, signed and certified the submitted lab report concerning his blood-alcohol level.

    The case is Bullcoming v. New Mexico, No. 09-10876. NACDL, along with the National College for DUI Defense and the New Mexico Criminal Defense Lawyers Association, filed a friend-of-the-court brief in the case. Authors: Barbara E. Bergman, Univ. of New Mexico School of Law, Albuquerque, NM; Molly Schmidt-Nowara and Alexandra Freedman Smith, Freedman Boyd Hollander Goldberg Ives & Duncan, PA, Albuquerque, NM. 

    For more information, please click here.

Notice of Proposed Bylaws Change

    Pursuant to Article XIII, Section 1 of the Bylaws, this shall serve as notice of proposed amendments to the NACDL Bylaws. On February 19, 2011, at a regularly scheduled meeting in San Antonio, Texas, the Board of Directors voted to submit a proposed change to the membership. Subsequently, on May 20, 2011, at a regularly scheduled meeting in Washington, DC, the Board of Directors voted to submit an additional proposed change to the membership. The membership will vote on both proposed changes to NACDL's Bylaws at the Annual Membership Meeting on August 6, 2011, in Denver, Colorado.

    The amendments can be found here.

    The reasons for the proposed changes are described in the Action Reports.

NACDL Special Screening of The Dhamma Brothers

    NACDL will be hosting a screening of The Dhamma Brothers on Tuesday July 12, 2011, at 4:30 pm.NACDL will be joined afterwards for a discussion with Dr. Jenny Phillips, Producer/Director, and David Oryang featured in the documentary and the brother of one of the Dhamma Brothers. Snacks will be provided so please join us on Tuesday July 12, 2011, from 4:30 pm - 6:30 pm at NACDL's office located at 1660 L Street, NW, 12th Floor, Washington, DC.

    The Dhamma Brothers tells a dramatic tale of human potential and transformation as it closely follows and documents the stories of the prison inmates at Donaldson Correctional Facility as they enter into an arduous and intensive 10 day meditation program. This film has the power to dismantle stereotypes about men behind bars.

NACDL's Annual Meeting in Denver - Hotel Deadline is July 3, 2011

    Denver

    Take your courtroom skills to new heights by mastering the art of cross-examination at NACDL’s 2011 Annual Meeting & Seminar: Peak to Peak: The Summit of Cross Examination in Denver, Colorado, August 3-6. 

    NACDL’s discount hotel rate expires Sunday, July 3, 2011. Act now and make your reservations to attend! Group rate: S/D $189 + tax – please mention "group rate for 2011 NACDL Annual Meeting" to receive the applicable discount rate.

    Hotel WebsiteClick Here
    Phone Reservations: (303) 572-9100 or (800) 228-3000. 
    Online Reservations: Click Here

    This program’s nationally-renowned faculty will delve into a wide-array of presentations specifically focused on the most challenging areas of cross-examination. Topics will range from crossing children in sexual assault cases, to grilling detectives about their coercive interrogation practices and questioning law enforcement officers in DWI cases.

    The star-studded faculty includes:

    • Crossing Crime Scene Investigators- David Rudolf
    • Cross of Experts - Andrea Lyon
    • Revealing True Character Through Cross - Keith Belzer
    • Impeachment - Hugo Rodriguez
    • Cross- Examining Police in Confession Cases- Deja Vishny
    • Cross-Examining Kids -Colette Tvedt
    • Cross-Examination When Race is an Issue -Bryan Stevenson
    • DWI Cross- Abe Hutt
    In addition to the valuable information you’re sure to obtain, NACDL is pleased to announce three cocktail receptions are included with your seminar registration. 

    Additionally, we will host a Special a la carte Luncheon Presentation honoring Deryl Dantzler, Dean of NCDC, on Thursday. Tickets are available for this special event for $55 and must be purchased in advance. Make sure to purchase your ticket and help us honor and celebrate our distinguished colleague! 

    Join us in Denver, and markedly improve your cross-examination skills. Register today!

NACDL's 10th Annual State Criminal Justice Network Conference

    Denver

    Register Today! NACDL’s 10th Annual State Criminal Justice Network Conference,Strengths, Weaknesses, Opportunities, and Threats: Lessons from the Past Decade & Strategies for the Future, will be held August 4-5, 2011, in Denver, Colorado.

    SWOT is a strategic planning tool used to evaluate internal and external strengths, weaknesses, opportunities and threats of an organization or business. Please join us as we incorporate this model to review and celebrate 10 years of state criminal justice reform efforts & successes and work to develop a roadmap for future reforms.

    To view a draft agenda, please click here.

    To register, please click here. Please note: If you are not an NACDL Member, you will need to create a "Visitor Account" in order to register for this event.

    For more information and to check for updates, please visit www.nacdl-statecrimjustice.org or contact NACDL's State Legislative Affairs Director Angelyn Frazer at angelyn@nacdl.org or at (202) 465-7642.

NACDL and NCDD's 15th Annual DWI Means Defend With Ingenuity Seminar in Las Vegas - Register Today!

    DUI

    Don't delay, register today for NACDL and NCDD's 15th Annual DWI Means Defend With Ingenuity Seminar: "Winning at Every Level," September 15 - 17, 2011, at Caesars Palace in Las Vegas, Nevada. Whether you are just starting a DUI practice or are a seasoned practitioner, you are sure to improve your expertise of DUI defense strategy at the nation's biggest and best DUI Seminar!

    Join 600+ of your DUI colleagues from around the country for the nation's biggest and best DUI Seminar! With top presenters, intense topics, and concentrated sessions - you're guaranteed to find new ideas and strategies to effectively represent your clients at trial! 

    Topics and Speakers will include:

    • The Cure for Bad Breath - Jim Nesci
    • Understanding Gas Chromatography - Jim Nesci and Joe St. Louis
    • Ethically Winning New DUI Clients - Evan Levow
    • Evaluation of Suspected DUI Drug Cases - Dr. Jennifer Souders
    • Medical Expert Testimony - Dr. Jennifer Souders and Ted Vosk
    • Using Gait Analysis for the Win - Evan Levow and Dr. Paul Greenberg
    • And Much More...

    Scholarships are available to partially subsidize the cost of registration. For more information on scholarships please visit the Scholarship Page.

    Register today and gain the knowledge and expertise you need to win your next DUI case!

Get Ready for NACDL's The Power of Persuasion: Skills for Effective Communication Seminar in Chicago!

    Chicago

    Join us for NACDL's 2011 Fall Seminar at the historic Drake Hotel in Chicago, Illinois, October 20-22, 2011. 

    You know the rules of evidence and the fundamentals of an oral argument as well as the next lawyer, so why do their arguments and cross-examinations outshine yours? 

    The answer is in the Power of Persuasion. The ability to fluidly and effectively communicate is a natural skill possessed by few people, so for the average lawyer, it is a skill that must be learned. Discover how to get the upper hand in your next case by understanding the concept of personality as persuasion. Gain the insight of the time- tested techniques used by some of the best litigators in the country and start implementing your power to persuade when communicating with all audiences, including judges, jurors, and prosecutors. 

    Topics and Speakers will include:

    • Effective Client Communication - Cynthia Roseberry
    • Persuasion Through Storytelling - Jodie English
    • Sway: The New Art of Persuading Predictably Irrational Jurors - Dr. Sunwolf
    • The Ethical Limits of Persuasion - Martin Pinales
    • Persuading With Science - Brendan Max
    • And Much more…

    Join your colleagues from around the country for another world-class NACDL CLE, and return home a better, more effective communicator. Register Today!

Introducing NACDL's Summer Interns, Law Clerks and Minority Law Fellows

    Ryan Dull
     is a rising senior at Georgetown University, where he is majoring in Government and Philosophy. He is a Public Affairs and Communications Intern working with Deputy Director of Public Affairs & Communications Ivan Dominguez and Director of Public Affairs & Communications Jack King.

    Rica-Marie Garcia is a student at the Art Institute of Washington, where she is majoring in graphic design. Rica-Marie is working for NACDL's Art Director, Catherine Zlomek. She decided to join NACDL so that she can improve her creativity, work ethic, and design skills for her future career in graphic design. Her skills include Adobe Photoshop, Adobe Illustrator, Adobe InDesign, Digital Vector Art, Adobe Dreamweaver, and Microsoft PowerPoint.

    Christopher Holland is a rising 2L at Fordham University School of Law. As one of NACDL's Minority Law Fellows, he will be working with NACDL Member Susan Walsh at the law firm of Vladeck, Waldman, Elias & Engelhard in New York City. As an undergraduate student, Christopher majored in biology and was an Oprah Winfrey Scholar at Morehouse College.

    Travis Long is a rising 2L at Fordham University School of Law. This summer, he will be working as one of NACDL's Minority Law Fellows with NACDL Board Member Rick Jones at the Neighborhood Defender Service of Harlem. Travis received his undergraduate degree from Yale University and in law school he participates in the Black Law Student Association. 

    Mary Grace Miller is a rising 2L at the University of Richmond School of Law. As a summer law clerk at NACDL, Mary Grace is working with Vanessa Antoun, Resource Counsel, and with Tiffany Joslyn, Counsel for White Collar Crime Policy. She is assisting with a variety of projects including legislative tracking and research. Mary Grace is a 2009 graduate of Dickinson College and served as an AmeriCorps volunteer in Raleigh, North Carolina for one year prior to attending law school.

    Alex Spiliotes is a rising senior at Haverford College in Haverford, Pennsylvania. Alex is an English major, and he works in the school’s admissions office and plays on the squash team. He is a member of Haverford’s student-athlete advisory committee and was on the RA selection committee. This summer he is interning for Angelyn Frazer, State Legislative Affairs Director.

    Melissa Weeden is rising 2L at the George Washington University Law School. This summer at NACDL, she is working as the Legislation and National Security Law Clerk under Michael Price and Kyle O’Dowd and is enjoying researching and writing about the relationship between National Security, criminal defense and privacy rights. Prior to attending law school, Melissa attended American University and earned a double major in International Relations and Law and Society.

Review a Book for The Champion Magazine

    Do you want to review a book for The Champion? Here is the list of available books. Send your request to editor@nacdl.org. First come, first served. The reviews are due on October 1, 2011.

    1. Kara Hartzler, SURVIVING PADILLA: A DEFENDER’S GUIDE TO ADVISING NONCITIZENS ON THE IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTIONS

    2. David A. Brooks, FORESTHILL: A PUBLIC DEFENDER’S BEDTIME READER (short stories by a public defender inspired by things that happened at work)

    3. Sam Amirante, JOHN WAYNE GACY: DEFENDING A MONSTER (true story of a lawyer fresh from the public defender’s office whose first client in private practice turns out to be the worst serial killer in American history)

    4. Robert Rotenberg, THE GUILTY PLEA (legal thriller in which a Toronto defense lawyer finds his biggest obstacle is his own client)

    5. Jenny Phillips, LETTERS FROM THE DHAMMA BROTHERS (letters from maximum security prison inmates to a psychotherapist about their struggles and triumphs as they participate in a voluntary meditation program)

    6. David Oshinsky, CAPITAL PUNISHMENT ON TRIAL (historian takes new look at Furman v. Georgia and offers insights into ongoing capital punishment debate)

    7. Meredith Maran, MY LIE: A TRUE STORY OF FALSE MEMORY (the author accused her father of molesting her; eight years later she realized it was not true)

    8. Elizabeth Scott, RETHINKING JUVENILE JUSTICE (outlines a new developmental model of juvenile justice that recognizes the immaturity of adolescents but also holds them accountable)

    9. Robin Gaby Fisher, THE BOYS OF THE DARK: A STORY OF BETRAYAL AND REDEMPTION IN THE DEEP SOUTH (the story of two men who suffered abuses at a reform school and as adults banded together to confront their attackers)

ACLU Director of Criminal Law Reform Project Position Announcement

    The ACLU's Criminal Law Reform Project at its national office in New York City is seeking applicants for the full-time position of Director of the Criminal Law Reform Project. The Project seeks an end to excessively harsh criminal justice policies that result in mass incarceration and stand in the way of a just and equal society. The Project focuses its work at the "front end" of the criminal justice system, from policing to sentencing, with an emphasis on ending the nation's punitive drug policies. The Director will supervise a team of litigators and work with staff in the Advocacy and Communications Departments, as well as with the ACLU's Washington Legislative Office, to advance the project’s priorities.

NACDL Launching New Website This Summer

    This summer, NACDL is launching its new Website. On it, expect to find all of the tremendous resources you have come to expect from NACDL – The Member Directory, Brief & Motion Bank, NACDL Legal Education Programs and Resources, The ChampionMagazine, Extensive Policy and Advocacy Materials, Amicus Briefs, Member Benefits, News & Information, and much, much more. NACDL’s new site will bring expanded functionality, ease of use and improved searchability to your online NACDL experience. “Liberty’s Last Champion” is stepping out front to provide our members and audiences with a more effective, efficient and aesthetically pleasing Internet home for the criminal defense bar. Stay tuned for more details in the coming weeks.

NACDL Public Affairs Staff Unveils New Member Benefit

    NACDL is now offering a terrific and free new member benefit from NACDL’s Public Affairs and Communications Office: NACDL's Daily Criminal Justice Briefing. Each morning, Briefing Editors Jack King and Ivan Dominguez collect and compile news items of particular interest to the criminal defense bar from around the world and provide links and summaries in a daily email update. In addition, subscribers will receive breaking news stories and links to Supreme Court decisions as they happen. The goal is to provide the resources necessary to ensure that the criminal defense bar is informed and current on a wide range of criminal justice news, legal developments, analysis, and commentary.

Contribute to NACDL's Brief & Motion Bank!

    One of the great benefits you get as a member of NACDL is our Brief & Motion Bank, containing almost 400 documents across over 50 topics. We hope you will also help tostrengthen it for the benefit of other members. Do you have a brief or motion with which you are particularly pleased? Maybe one that involved an in-depth discussion of thecase law, had an especially creative argument, or addressed an unusual situation?Just as using the NACDL Brief & Motion Bank saves you time, obviating the need to start from scratch when you’re already pressed for time, documents you donate to the bank will help your fellow NACDL members in the same way.

    We encourage submissions on any topic. Please take a look at what’s there, and think about what documents you’ve written that would enhance the value of the Brief & Motion Bank or other NACDL members. If you would like more information, please contact NACDL's Resource Counsel Vanessa Antoun at vanessa@nacdl.org.

Want to Reduce Your NACDL Dues? How About Win a Free Apple iPad?

    How would you like to get a reduction of $25, $50 – up to $125 off your NACDL membership dues next time you renew? Who wouldn’t?

    It’s easy. All you have to do is recruit new NACDL members! You know lots of other defense lawyers, right? Some of them are probably not NACDL members. So, just mention to them that you’re a member, or mention an article you recently read in The Champion, or something you learned from one of the NACDL listservs. Tell them about one of our great CLE events you’ve attended, or a CLE video you own. Maybe it’s the great connections you’ve made through NACDL or referrals from the free public “Find-A-Lawyer” directory. Talk about why you joined NACDL, and why you’ve remained a member. For each new member you refer, we’ll take $25 off your next membership renewal, up to $125. All they need to do is join using this form and write in your name in the “referred by” space. And – so there’s something in it for everyone – we’ll give your new member prospects a full 15 months of member benefits for the price of 12.

    The member who successfully encourages the most new members to join will win a free Apple iPad! Many of your colleagues have already recruited new members, so hurry! Members who recruit new members will be listed in The Champion each month. The contest ends August 3, 2011, with the start of NACDL's 2011 Annual Meeting & Seminar in Denver, Colorado.

    If you’re not already an NACDL member, find one and ask them to invite you to join!

    Questions? Contact NACDL's Membership Director Michael Connor at (202) 465-7654 or michaelc@nacdl.org.

Do You Know a Member of Congress?

    A grassroots network is an essential part of our policy success. NACDL needs your help to achieve its policy goals.

    Do you know a Member of Congress? Maybe you went to law school with a congressman, or shared law office space with a senator. If so, please contact National Affairs Assistant Patrick Veasy at patrick@nacdl.org or (202) 465-7638.

    All information will remain confidential.

Where in the World is NACDL?

    From May 31 - June 1, 2011, Executive Director Norman Reimer and State Legislative Affairs Director Angelyn Frazer attended the National Symposium on Pretrial Justice sponsored by the Office of Justice Programs, U.S. Department of Justice and with the support of the Pretrial Justice Institute. Leaders from significant criminal justice stakeholder organizations and the pretrial community convened at the symposium to continue the important conversation regarding the 1964 National Conference on Bail and Criminal Justice. Conference participants examined how far the country has come and how far it has to go to achieve safe and fair pretrial release and diversion practices within the community. 

    On Wednesday, June 1, 2011, Associate Executive Director for Policy Kyle O'Dowd, National Affairs Assistant Patrick Veasy and Legislative & National Security Law Clerk Melissa Weeden attended a public hearing at the U.S. Sentencing Commission in Washington, DC. NACDL President Jim E. Lavine testified on behalf of NACDL on "Retroactivity of Fair Sentencing Amendments."

    From June 2 - 3, 2011, Resource Counsel Vanessa Antoun attended the National Institute of Justice’s Post-Conviction DNA Testing Assistance Roundtable in Arlington, Virginia. Stakeholders within the criminal justice community met with the goal of furthering the Post-Conviction DNA Testing Assistance Program, which provides funding to states to defray costs associated with post-conviction DNA cases. Participants in this discussion included defense attorneys, prosecutors, law enforcement, and national organization leaders. 

    On Tuesday, June 14, 2011, Executive Director Norman Reimer, Public Affairs and Communications Intern Ryan Dull, Counsel for White Collar Crime Policy Tiffany Joslyn, White Collar Crime Policy & Resource Counsel Law Clerk Mary Grace Miller, Associate Executive Director for Policy Kyle O'Dowd, Director of White Collar Crime Policy Shana-Tara Regon, State Legislative Affairs Intern Alex Spiliotes, National Affairs AssistantPatrick Veasy and Legislation & National Security Law Clerk Melissa Weeden attended a Congressional hearing in Washington, DC, before the Subcommittee on Crime, Terrorism and Homeland Security of the House Judiciary Committee. Shana-Tara Regon testified on behalf of NACDL on the Foreign Corrupt Practices Act.

    From June 16 - June 17, 2011, Executive Director Norman Reimer, Director of White Collar Crime Policy Shana-Tara Regon, Deputy Director of Public Affairs & Communications Ivan Dominguez, Counsel for White Collar Crime Policy Tiffany Joslyn, Associate Executive Director for Programs Gerald Lippert, and Education Assistant Doug Reale attended NACDL's 1st Annual West Coast White Collar Crime Conference, Turning the Tables on the Government, at the Hyatt Regency Lake Tahoe Resort in Lake Tahoe, Nevada.

    From June 20-21, 2011, Executive Director Norman Reimer, Resource CounselVanessa Antoun, Director of Institutional Development and Policy Counsel Malia Brink, and State Legislative Affairs Director Angelyn Frazer attended an event entitled Padilla and the Future of the Defense Function at Cardozo School of Law in New York City, New York. The event was sponsored by NACDL, the National Legal Aid and Defender Association (NLADA), co-sponsored by the American Bar Association Criminal Justice Section Task Force on Comprehensive Representation, and made possible by a grant from the Foundation for Criminal Justice and the Ford Foundation.

NACDL on Twitter

    NACDL has an official Twitter account, @NACDL, and now has 838 followers. Getting set up on Twitter is easy and free, just visit http://twitter.com/ and click "Get Started -- Join." You can even watch an instructional video by clicking the "Watch a Video" button on the top right of the welcome screen before you join. Once you've set up your account, click "Find People" on the top right hand side of the screen and search for "NACDL" (no quotation marks necessary). Then, you just need to click the "Follow" button. Thereafter, everything we post to Twitter will come through on your Home page feed, like a news wire service. You can also check out NACDL's Tweet by simply clickinghttp://twitter.com/NACDL

    It is suggested that you familiarize yourself with the "terms" of use to which you can link from the bottom of the screen on Twitter. Also, please note that the fact of your following NACDL on Twitter, as well as your posts, are generally visible to the public. Information about blocking people from following you, as well as all other information concerning privacy and usage issues, is available on the Twitter site.

    Please send any thoughts or recommendations about NACDL's Tweeting to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at ivan@nacdl.org.

NACDL on Facebook

    NACDL is on Facebook with both a Members Group and a Public Page. The NACDL Members Group now numbers 443 and the NACDL Public Page on Facebook now counts over 1,755 fans following NACDL's work. Because the NACDL Public Page now has over 1,000 fans, the Page has its own vanity URL, http://www.facebook.com/NACDL, which makes it easier to share NACDL's work with all of your friends and colleagues. Through this initiative, selected NACDL content such as press releases, CLE information and materials, information on becoming a member, and similar publicly-available NACDL content, is being distributed through Facebook.

    You should be aware that, to some degree, Facebook permits you to control what information others see about you on Facebook, just go to "account" on the top right and within that "privacy settings" as you set up or adjust your account settings. Please be aware that, if you join, you will be listed on Facebook as a member of this group and your profile will be accessible in accordance with your settings and Facebook’s policies. So be sure to fully acquaint yourself with Facebook's terms of service and privacy representations as you carefully consider whether to join and, if you do, what information you post, exchange, or message through this platform. 

    You can use these links to get directly to NACDL on Facebook: (i) NACDL Members-Only Group, and (ii) NACDL Public Page. And if you are not on Facebook, signing up is free and easy at www.facebook.com. Please send your thoughts or recommendations about NACDL's Group and/or Page on Facebook to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at ivan@nacdl.org.

Recent Amicus Curiae Brief Posted on NACDL Website

    State v. Johnson, Supreme Court of Ohio, case below 190 Ohio App.3d 750 (Ohio App. 12 Dist., 2010). GPS Surveillance—Search and Seizure—Warrant Requirement--Associational Privacy. Joint amicus curiae brief of the National Association of Criminal Defense Lawyers, Ohio Association of Criminal Defense Lawyers, Electronic Frontier Foundation, First Amendment Lawyers Association, Center for Democracy and Technology, American Civil Liberties Union of Ohio, Office of the Ohio Public Defender, Seven Ohio Professors of Law. Argument: The decision of the Court of Appeals of Ohio, Twelfth District, Butler County, should be reversed. To protect both First and Fourth Amendment rights, law enforcement should be required to secure a warrant based on probable cause prior to secretly installing GPS transmitter on a person’s vehicle and undertaking such surveillance. Authors: Susan J. Walsh, Vladeck, Waldman, Elias & Englehard, P.C., New York, NY; Norman L. Reimer, Exec. Dir., NACDL, Washington, DC; Michael W. Price, National Security Coordinator, NACDL, Washington, DC.

Recent NACDL Letters and Member Testimony


Upcoming Affiliate & NACDL Seminars

    July 7-8

    Alaska: AKACDL's Annual All-Star Litigator's Conference
    Alyeska Resort, Girdwood, Alaska
    Contact: AKACDL's President Steven Wells at (907) 279-3557 or email steve@alaskalegaldefense.com

    July 8
    South Carolina: SCACDL's Bar B Que & Bar CLE
    Greenwood, South Carolina
    Contact: SCACDL's Executive Director Teresa Edmonds at (803) 929-0110 or email SCACDL@msn.com

    July 8
    Texas: SACDLA's "No Means No: How to Scientifically Defend the 'No Refusal Case'"
    The Justice Center Central Jury Room, 300 Dolorosa St, San Antonio, Texas
    Contact: SACDLA's Executive Director Aissa Garza at (210) 501-2916 or email aissailianna@yahoo.com

    July 15
    Louisiana: LACDL's Juvenile Witnesses and Sex Crime Accusations CLE Seminar
    Benedict’s Plantation, Mandeville, Louisiana
    Contact: LACDL's Executive Director David Tatman at (225) 767-7640 or email david@tatmangroup.com

    July 17-30
    Georgia: NCDC's Trial Practice Institute
    Mercer Law School, Macon, Georgia
    Contact: NCDC's Executive Director Rosie Flanigan at (478) 746-4151 or email rosie@ncdc.net

    August 3-6
    NACDL's Annual Meeting & Seminar
    Location: Westin Denver Downtown, Denver, CO
    Contact: NACDL's Education Assistant Akvile Athanason at (202) 465-7630 ext. 230 or email akvile@nacdl.org.

    August 11-12
    Texas: TCDLA's 9th Annual Top Gun DWI Seminar
    Crowne Plaza, Houston, Texas
    Contact: TCDLA's Executive Director Joseph Martinez at (512) 478-2514 or email jmartinez@tcdla.com

    August 12-13
    Tennessee: TACDL's Annual Meeting & Seminar
    Holiday Inn Select Downtown, Memphis, Tennessee
    Contact: TACDL's Executive Director Suanne Bone at (615) 329-1338 or email suannebone@tacdl.com 

Modern Evidence, Modern Defenses - 20% Introductory Discount Offer

    San Antonio

    NACDL's newest DVD release "Modern Evidence, Modern Defenses" is now available for 20% off the regular purchase price for a limited time. 

    This self-study program will teach you the skills necessary to effectively deal with evidence throughout the entire trial, from investigation through closing. Learn new techniques for presenting evidence to increasingly tech-savvy juries while brushing-up on the basics of solid lawyering. You'll finish this program armed with strategies to admit the evidence you need, keep out what you don't, and neutralize the rest.

    Topics include:

    • Creative and Aggressive Uses of Evidence
    • Using Your Evidence in Storytelling
    • Neutralizing Bad Evidence
    • Ethically Dealing with Modern Evidence
    • Dealing with Scary Evidence in Voir Dire
    • A Five Step Analytic Approach to Dealing With an Expert
    • Electronic Evidence: Finding It, Obtaining It, and Getting It Admitted
    • And more!

    Make the evidence in your trial work for you.

    Mention Promo Code ME11 to receive your 20% discount. Offer Expires: July 8, 2011.Contact Doug Reale at (202) 465-7643 or via email: doug@nacdl.org to place your order today!

Drug Addiction and the Brain DVD with Alex Stalcup - Order Today!

    Drug Seminar

    NACDL's recent DVD release, Drug Addiction and the Brain, will arm you with a deeper understanding of drug addiction, its effect on the brain, and the resulting actions of your clients. 

    In this highly-rated program, Dr. Alex Stalcup will walk you through the science and provide specific details about the drug / crime relationship. Learn why decisions made by addicts are part of a disease process, are not rational application of free will, and understand why reflection, deliberation, and consideration are precluded in addictive behavior. This enlightening and captivating presentation will shed light on and expand your expertise of the science of addictive behavior and its connection to crime.

    Main topics addressed:

    • Addiction Effects on Behavior Control
    • Behavior Dysregulation
    • Addicting Drugs and the Mechanisms of Action
    • Neuroadaptation, Tolerance and Withdrawal
    • The Factors Affecting Judgment in Drug Users

    Dr. S. Alex Stalcup is Board Certified in Pediatrics and Addiction Medicine, and is certified as a Medical Review Officer by the American Society of Addiction Medicine (A.S.A.M.).

    Contact Doug Reale at (202) 465-7643 or via email:doug@nacdl.org to place your order today!

Sprint Nextel Discount for NACDL Members

    Sprint Nextel


    It pays to be a member of NACDL! Sprint Nextel is pleased to offer a wireless discount program to members of the National Association of Criminal Defense Lawyers (NACDL). As a NACDL member, you are eligible to receive discounts on your Sprint Nextel wireless services. Whether you are a new or existing Sprint or Nextel customer, you can take advantage of these savings.

    Start saving now! Visit us online to learn more about Sprint's discount, products and services at www.sprint.com/nacdl.

Save Up to 26% on FedEx Office and FedEx Delivery Services

    NACDL members can already save up to 26% on select FedEx® shipping services. Now you’re entitled to save up to 20% on select FedEx OfficeSM copy and print services and 10% off other select services at more than 1,800 FedEx Office locations. It’s now even easier for you to save time and money with FedEx. Sign-up is free, and there are no shipping, copy or print minimums. For more information or to enroll in this program, pleaseclick here and enter pass code 984K22 or call 1-800-MEMBERS, your dedicated shipping program administrator at 1.800.636.2377 (8 a.m.–6 p.m. EST, M-F).

    *FedEx shipping discounts are off standard list rates and cannot be combined with other offers or discounts. Shipping discounts are exclusive of any FedEx surcharges, premiums or special handling fees and are not available to package consolidators. Eligibility for discounts subject to FedEx credit approval. Eligible services subject to change. Base discounts on FedEx Express® are 15%-21%. An additional 5% discount is available for eligible FedEx Express shipments when you ship online at fedex.com. Discounts are subject to change.

Stay Up-To-Date on NACDL News & Issues

    NACDL ListServ
    The NACDL listserv helps facilitate, via email, all sorts of criminal defense law discussions, including recommendations for expert witnesses, advice on trial practices, insights into controlling law in specialized fields or unique jurisdictions, and many other law-related matters. Subscription is free and limited to active NACDL members. Click hereto learn how to subscribe and to review the listserv policies and guidelines. So far, more than 700 members have joined.

    State Criminal Justice Network ListServ
    NACDL’s State Criminal Justice Network brings together NACDL members, affiliate leaders, public defenders, and others seeking to reform state criminal justice policies. In the listserv, members share lobbying strategies and information about state legislation and policies. While some of the topics might overlap with other NACDL listservs, the Network has a specific focus on state legislation. Click here to learn how to subscribe and to review the listserv policies and guidelines.

    IDC ListServ
    For news items and discussion specific to indigent defense, NACDL members are invited to join the Indigent Defense Committee (IDC) listserv. For several years, members of NACDL interested in indigent defense issues around the country have participated in the IDC listserv to share information on indigent defense issues across the country, as well as to keep up-to-date on NACDL's indigent defense reform efforts. For information on subscribing, click here

    White Collar Crime ListServ
    Stay ahead of federal and state prosecutors specializing in corporate investigations and prosecutions -- for news and discussion of recent developments in the white collar arena, subscribe to NACDL's White Collar listserv. Discussions are archived on NACDL's Website. To view recent postings or to subscribe to this specialty forum, click here.

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