News Releases ~ 2001

Criminal defense organization warns members, monitors intrusions on attorney-client communications -- Washington, DC (November 9, 2001) - The National Association of Criminal Defense Lawyers has warned its members that a new Bureau of Prisons regulation allows their conversations with clients to be monitored and in some cases monitored without notice to the attorney or client. NACDL is also asking its members and other criminal defense lawyers to contact the NACDL national office if they receive notice or become aware that the government is eavesdropping on their client conversations or reading their client mail. More 

Criminal defense bar to commend judge for courageous remarks in Wen Ho Lee case -- Santa Fe, NM (November 2, 2001) - Overreaching by the government is nothing new to most criminal defense lawyers. Seeing a judge note the overreaching is more rare. Seeing a judge speak out against it, in open court, is almost unheard of. More 

Reversal of Kansas court in sex offender case would weaken due process, circumvent criminal law -- Washington, DC (October 29, 2001) - Weakening of due process requirements would allow states to circumvent criminal law with civil commitment, according to an amicus brief filed by the National Association of Criminal Defense Lawyers, the National Legal Aid and Defenders Association, and the American Civil Liberties Union in Kansas v. Crane, set for oral argument in the U.S. Supreme Court tomorrow. More  

Lab Fraud Found in Case of Inmate Already Executed NACDL President Calls For Discovery Reform, Death Penalty Moratorium -- Washington, D.C. (August 31, 2001) - In response to revelations of falsified testimony by forensic chemist Joyce Gilchrist of the Oklahoma City Police Department forensic laboratory in the case of Malcolm Rent Johnson, who was executed in January, 2000, National Association of Criminal Defense Lawyers President Irwin Schwartz issued the following statement. More 

James A.H. Bell named to executive committee of nation's top criminal defense organization -- Washington, DC (August 22, 2001) - James A.H. Bell, a criminal defense lawyer in Knoxville since 1974, has been named to the Executive Committee of the National Association of Criminal Defense Lawyers by NACDL President Irwin Schwartz of Seattle. Bell will serve in the position of Parliamentarian. More 

Lab fraud found in case of inmate already executed NACDL president calls for discovery reform, death penalty moratorium -- Washington, DC (August 21, 2001) - In response to revelations of falsified testimony by forensic chemist Joyce Gilchrist of the Oklahoma City Police Department forensic laboratory in the case of Malcolm Rent Johnson, who was executed in January, 2000, National Association of Criminal Defense Lawyers President Irwin Schwartz issued the following statement. More 

NACDL President cites 1992 treaty Texas execution of juvenile violates international law, says leader of criminal defense bar -- Washington, DC (August 15, 2001) - Texas' execution of Napoleon Beazley, currently set for 6 p.m. Wednesday, will violate the International Covenant on Civil and Political Rights, a 1992 treaty ratified by the United States Senate and signed by President George Bush, says Irwin Schwartz, president of the National Association of Criminal Defense Lawyers. More 

Martin Pinales joins executive board of top national criminal defense organization -- Washington, DC (August 15, 2001) - Martin Pinales, a partner in the Cincinnati firm of Sirkin, Pinales, Mezibov & Schwartz LLP, has joined the Executive Board of the National Association of Criminal Defense Lawyers after being sworn in as Secretary of the association at its annual meeting earlier this month in Minneapolis. More 

New officers sworn in at annual meeting in Minneapolis Irwin Schwartz of Seattle sworn in as new criminal defense bar president -- Washington, DC (August 7, 2001) - Irwin H. Schwartz, whose 30-year career includes work as a prosecutor, public defender, and private criminal defense lawyer, was sworn in over the weekend as the 43rd president of the National Association of Criminal Defense Lawyers at the organization's annual meeting in Minneapolis. More 

Citing Report, ACLU and NACDL Say Defense of Poor Is in Jeopardy in Venango County, PA -- Pittsburgh, PA (June 7, 2001 - A nationally recognized expert’s review of the Venango County Public Defender Program reveals a system in crisis that is failing to provide adequate counsel to the poor, the American Civil Liberties Union and the National Association for Criminal Defense Lawyers said today. More 

NACDL supports elimination of mandatory minimums Rep. Waters bill will permit return of judicial discretion and fairness to drug sentencing -- Washington, DC (June 23, 2001) - In support of the Major Drug Trafficking Prosecution Act of 2001, introduced today by U.S. Rep. Maxine Waters (D-CA), Carmen Hernandez, chair of the Federal Sentencing Guidelines Committee for the National Association of Criminal Defense Lawyers, issued the following statement. More 

Unprecedented candor raises suspicion of criminal defense bar Government admission of undisclosed evidence is uncommon response to common situation -- Washington, DC (May 11, 2001) - In response to the admission by the Justice Department that more than 3,000 pages of interviews and other material were not properly and timely disclosed to the defense in the Timothy McVeigh case, National Association of Criminal Defense Lawyers President Edward Mallett issued the following statement. More 

NACDL opposes use of 'secret evidence' Immigration detainees should get fair look at evidence against them -- Washington, DC (March 28, 2001) - U.S. House Minority Whip David Bonior (D-MI) will re-introduce the Secret Evidence Repeal Act on Wednesday, March 28, to end the practice of using undisclosed evidence to detain and deport immigrants. National Association of Criminal Defense Lawyers Past President Neal Sonnett issued the following statement. More  

Nationwide panel to include DC chief, Scheck NACDL, American University set police misconduct conference for April 18 -- Washington, DC (March 27, 2001) - Behind the Blue Wall of Silence: Understanding Police Misconduct Across America. This full-day symposium is co-sponsored by NACDL and the American University Washington College of Law, in conjunction with the American Civil Liberties Union, the National Black Police Association, and the Police Complaint Center. More 

NACDL, NORML join in amicus effort Federal-state balance, will of people implicated in medical marijuana case -- Washington, DC (March 27, 2001) - Nine states with more than one-fifth of the U.S. population have passed laws approving the use of medical marijuana, eight of them by initiative petition. On Wednesday, the U.S. Supreme Court will hear argument on whether federal law trumps California's law, passed in 1996. More 

NACDL amicus brief emphasizes unclear instruction Return of Penry case to Supreme Court may clarify rules for execution of mentally retarded -- Washington, DC (March 26, 2001) - The last time the U.S. Supreme Court heard John Paul Penry's death penalty case, in 1989, it sent the case back to Texas and directed the courts there to see that jury instructions allowed for meaningful consideration of Penry's mental retardation and history of childhood abuse as factors mitigating against the death penalty. More  

Ecstasy to calculate five times higher than heroin Sentencing Commission ignores scientific testimony, dramatically increases sentencing levels for ecstasy -- Washington, DC (March 21, 2001) - The U.S. Sentencing Commission voted yesterday to adopt an equivalency of 500 grams of marijuana to one gram of ecstasy for sentencing purposes, up from the previous equivalency level of 35 to one. The change in effect makes ecstasy five times more serious to possess or sell than heroin on a per-dose basis. More 

NACDL opposes increases Human costs, scientific disputes dictate restraint on ecstasy penalties -- Washington, DC (March 19, 2001) - Ecstasy does not carry the addictive potential or cause the neurological harm of heroin or cocaine, and therefore the U.S. Sentencing Commission should not change in the penalty structure for ecstasy offenses to make each dose of ecstasy carry ten times the sentencing value of a dose of heroin, according to National Association of Criminal Defense Lawyers representatives testifying before the commission today. More 

States required to provide adequate capital counsel, DNA testing Innocence Protection Act addresses root of wrongful convictions -- Washington, DC (March 7, 2001) - The National Association of Criminal Defense Lawyers today announced its support for the Innocence Protection Act, which is expected to be reintroduced in Congress this afternoon. NACDL President Edward Mallett issued the following statement. More 

NACDL board passes resolution on pardon power Pardons highlight need for adequate indigent defense -- Washington, DC (March 2, 2001) - Meaningful post-conviction review would go a long way toward eliminating the need for pardons and commutations based on injustice in the criminal system, according to the board of directors of the National Association of Criminal Defense Lawyers. More  

Deputy attorney general appointee has reputation for fairness, ethics -- Washington, DC (February 15, 2001) - Edward Mallett, president of the National Association of Criminal Defense Lawyers, issued the following statement in response to the selection of former United States Attorney Larry D. Thompson of Atlanta as Deputy Attorney General: More 

Police can learn from Secret Service handling of White House gunman -- Washington, DC (February 7, 2001) - In response to the disabling and apprehension of Robert Pickett outside the White House today, Edward Mallett, president of the National Association of Criminal Defense Lawyers, issued the following statement. More  

Written Statement of Edward A. Mallett on behalf of the National Association of Criminal Defense Lawyers before the Senate Committee on the Judiciary -- Washington, DC (January 22, 2001) - As the preeminent organization advancing the mission of the nation’s criminal defense lawyers to ensure justice and due process, the National Association of Criminal Defense Lawyers appreciates this opportunity to share its concern about justice in America if John Ashcroft is confirmed as Attorney General. The record is voluminous and replete with statements from a variety of public service groups, many of whom have already expressed critical opinions. Today we will confine our comments to three areas of special concern for our organization: the effects of racial prejudice in the criminal justice system, the constitutional protections surrounding criminal proceedings, and the duty of the Attorney General to establish policies for the use of prosecutorial discretion. More 

Grunewald named executive director of key criminal justice organization -- Washington, DC (January 9, 2001) - Ralph E. Grunewald has been named executive director of the National Association of Criminal Defense Lawyers after a six-month nationwide search. More 

Resolution of the Board of Directors Regarding the Constitutional Power to Pardon -- The National Association of Criminal Defense Lawyers recognizes that the power to pardon, which is reserved to the president and the governors of the various states under the federal and state constitutions, is an essential safety valve to correct and relieve injustice, by allowing for the exercise of compassion; this power is guaranteed by those constitutions and should not be amended or abolished. More 

New York lawyers’ group has standing to challenge assigned counsel rates -- Washington, DC - A decision Wednesday by a trial court in New York constitutes a significant victory in the fight to improve the quality of representation for poor defendants in New York State, according to Marvin Schechter, co-chair of the National Association of Criminal Defense Lawyers’ Indigent Defense Committee. More 

NACDL President Condemns Talk of Torture, Truth Serum -- Washington, DC - Concerned by recent reports that the FBI and other government agencies are considering the use of means ranging from pressure to drugs for getting information from terrorism suspects, National Association of Criminal Defense Lawyers President Irwin Schwartz issued the following statement. More 

John Ashcroft: His Criminal Justice Record and Views...-- Washington, DC - On Drug Policy, Racial Profiling, the Death Penalty, Juvenile Justice, Federalization of Crime...More 

Innocence Protection Act of 2001 Section-by-Section Summary -- Washington, DC - The Innocence Protection Act of 2001 is a carefully crafted package of criminal justice reforms aimed at reducing the risk that innocent persons may be executed. Most urgently, the bill would afford greater access to DNA testing by convicted offenders; and help States improve the quality of legal representation in capital cases. More 

Goldstein testifies of denied access to client, leading to government waste of time and resources -- Washington, DC - Federal authorities, in denying attorneys access to post-9/11 detainees, potentially tainted prosecutions of guilty suspects and missed opportunities to efficiently clear innocents, according to testimony by a past president of the National Association of Criminal Defense Lawyers before the Senate Judiciary Committee today. More 

Decision to prosecute in civilian court shows faith in system; indications of forum-shopping cause concern -- Washington, DC - In response to the Justice Department's announcement of an indictment against Zacarias Moussaoui, National Association of Criminal Defense Lawyers President Irwin Schwartz issued the following statement. More 

Comments in opposition to Ashcroft order outline violations of First, Fourth, Fifth and Sixth Amendments -- Washington, DC - The National Association of Criminal Defense Lawyers today filed comments in opposition to Attorney General John Ashcroft's order allowing monitoring of attorney-client communications in the Bureau of Prisons without court supervision. More 

Caution, respect for rule of law urged in decision on forum for terrorist trials -- Washington, DC - In response to President Bush's executive order authorizing military tribunals for trials of suspected terrorists, National Association of Criminal Defense Lawyers President Irwin Schwartz issued the following statement. More 

NACDL Elects 2001-2002 Officers and Board Members -- Washington, DC - Election results are in for the National Association of Criminal Defense Lawyers 2001-2002 Officers and Board of Directors. The following individuals will be sworn in at NACDL's annual meeting on Saturday, August 4, 2001, in Minneapolis, Minnesota. More 

 

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