Vol. 11 Issue 3 - 3/27/2012


2012 NACDL Election – FINAL DEADLINE REMINDER FOR NOMINATING COMMITTEE SUBMISSIONS

The 2012 election process for NACDL’s Board of Directors and Officer positions is underway. The submission deadline to be considered for nomination by the Nominating Committee is Monday, April 2, 2012 at 5:00 pm Eastern Time. For instructions on submitting candidacy materials to the Nominating Committee, see www.nacdl.org/elections

In 2012, NACDL members will elect 13 members of the Board of Directors, as well as President-Elect, First Vice President, Second Vice President, Treasurer, and Secretary. Effective in 2012, the Treasurer will serve a two-year term and will be inegilible to run for other Officer or Director positions during that term.

All rules 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 dweir@nacdl.org.


NACDL Applauds Sensible, Bipartisan Discovery Reform Legislation Introduced on March 15, 2012, in the U.S. Senate

On March 15, leading U.S. Senators introduced bipartisan legislation to bring about sensible discovery reform in criminal prosecutions. The bill is entitled the “Fairness in Disclosure of Evidence Act of 2012.” Senator Lisa Murkowski (R-Alaska) and Senator Dan Inouye (D-Hawaii) are the lead sponsors who introduced the legislation, which can be found here.

At a Capitol Hill news conference, reflecting the broad-based support for the legislation, Sen. Murkowski, who was accompanied by Sen. Kay Bailey Hutchison of Texas, spoke about the case of the late Sen. Ted Stevens and the need for reform and uniform standard, saying that “Instead of justice being blind, in this case justice was blindly ignored.” Rob Cary, a member of NACDL’s White Collar Crime Committee and counsel to the late Sen. Stevens, spoke about the value this legislation would bring if enacted, “No amount of reform can guarantee that prosecutors will not lie and cheat as they did in his case, but this legislation today would go a long way towards making it much less likely that it happens in the future.” Following Mr. Cary’s remarks, NACDL Executive Director Norman L. Reimer explained that “A criminal prosecution is the most awesome use of government power – short of warfare. It is not a game. It is not a hunt. It is not a sport. It’s about justice and fairness. And the Fairness in Disclosure Act will make that principle the law of the land.” And Michael Macleod-Ball, Chief of Staff of the ACLU’s Washington Legislative Office, articulated the ACLU’s position on the bill, “We think this bill supports the principle that justice demands and depends on fairness,” adding that it “is intended to help ensure that our criminal courts mete out justice and not merely convictions.”

The bill parallels model legislation prepared by NACDL’s Discovery Reform Task Force and approved by the Board of Directors in May 2011. For more information and regular updates on this priority initiative, visit NACDL’s Discovery Reform webpage

To read more, please click here.


Misconduct Report on Ted Stevens Prosecution: ‘Systematic Concealment of Exculpatory Evidence’

A two-year investigation of the prosecution of late Alaska Sen. Ted Stevens reveals that federal prosecutors and an FBI agent involved in the case deliberately and wrongfully attempted to convict a sitting U.S. senator on corruption charges they knew, or should have known, were unfounded in fact. A 514-page report of that investigation released on March 15 by the special prosecutor, Henry F. Schuelke, III, and his colleague William B. Shields, concludes that federal prosecutors engaged in “systematic concealment of significant exculpatory evidence which would have independently corroborated [the senator’s] defense.”

The Schuelke investigation and the full record of this case should restore the late senator’s reputation. As Stevens’ attorneys point out, there was never a conviction in the case. Conviction occurs only after sentencing, and Judge Sullivan dismissed the case after the verdict but prior to sentencing.

To read more, please click here.


Interview with Late Senator Ted Steven's Counsel Robert Cary

On Friday, March 16, the National Association of Criminal Defense Lawyers (NACDL) held a webcast interview with Ted Stevens’ attorney Robert M. Cary, of Williams & Connolly LLP, who discussed the case, the Schuelke prosecutorial misconduct report, and the future of federal discovery reform. Mr. Cary is a member of NACDL’s White Collar Crime Committee. This in-depth interview was an NACDL exclusive event.

To view this event, please click here.


NACDL Launches “The Criminal Docket” Weekly Podcast

On March 16, 2012, NACDL launched its new weekly podcast series, “The Criminal Docket,” hosted by Ivan J. Dominguez, NACDL’s deputy director of public affairs & communications. Each week, “The Criminal Docket” provides a rundown of the highlights in criminal justice news from the prior week, and previews what’s coming up on the criminal docket in state and federal agencies, legislatures and the courts. In addition, every episode explores important items on the criminal justice agenda, in-depth, with top leaders in the legal practice, public policy, journalism, academia, and others whose lives intersect with the criminal justice system.

In the March 16 episode, we take you to a news conference on Capitol Hill at which the introduction of significant, bipartisan discovery reform legislation was announced on March 15. Also, in this inaugural episode of NACDL's weekly podcast "The Criminal Docket," we sat down with NACDL's Executive Director Norman Reimer to learn about the U.S. criminal justice system and why all Americans should care about the criminal law. Norman also offered valuable insight into the priorities and critical work of NACDL, the nation's criminal bar association.

And in the March 23 episode last week, the podcast explored the recent decision concerning the right to counsel by Maryland's highest court in DeWolfe v. Richmond. We also examined the ruling's impact on the lawyers who represent the indigent in that state. In this podcast, we heard from Maryland's Public Defender and NACDL Board Member Paul DeWolfe, Maryland School of Law Professor and co-Chair of NACDL's Task Force on Pre-Trial Justice Douglas Colbert, and NACDL President Lisa Monet Wayne.

Please look for a new episode of “The Criminal Docket” each Friday, as well as all past episodes, available free of charge at either www.nacdl.org/thecriminaldocket or in Apple’s iTunes Store.


NACDL Releases Video: “America Needs Sensible Discovery Reform”

NACDL has worked for years seeking sensible discovery reform in the context of criminal prosecutions. This video, released by NACDL on March 15, 2012, explains the problem and lays out the solution. You can watch the video via this link: America Needs Sensible Discovery Reform.


House Members Join Senators in Taking on Lacey Act; Nat’l Defense Bar Applauds Another Important Step in Reining in Overcriminalization

On March 8, in the U.S. House of Representatives, important job-saving legislative reform attacking overcriminalization was introduced. NACDL supports this bold and important step confronting the ever-growing crisis of overcriminalization in the federal criminal law in the form of the “Freedom from Overcriminalization and Unjust Seizures Act of 2012,” the FOCUS Act, which is identical to the legislation introduced in the U.S. Senate in early February.

This legislation, the FOCUS Act, removes each and every reference within the Lacey Act to “foreign law.” And it sensibly replaces the Lacey Act’s criminal penalties with a civil fine regime providing that a violation with a market value of less than $350 is subject to a maximum penalty of $10,000, with the remaining category of violations subject to a maximum penalty of $200,000.

As NACDL President Lisa Wayne explained when this legislation was introduced in the Senate last month, “It is no secret that in Washington every problem often has at least one or more criminal law ‘solutions.’ That’s a big part of how our country reached the unenviable, and extremely costly, status quo of the highest incarceration rate as well as the largest absolute number of people behind bars of any nation on earth. Indeed, the very size of the federal criminal law is compelling evidence of that point – more than 4,450 crimes are scattered throughout the federal criminal code as well as tens of thousands more in the regulations. So we applaud the sponsors of this legislation for taking this important and courageous step to bring sanity to the criminal law.”

To read more, click here.


NACDL Statement on AG Holder’s Remarks on the U.S. Government’s Secret ‘Execution Before Judgment’ Program

The American people are entitled to clear notice and detail concerning precisely what kind of due process there is to impose capital punishment on U.S. citizens in the absence of judicial review or, indeed, any independent reviewing body. Attorney General Eric Holder’s speech on March 5 at Northwestern University School of Law appeared to detail the decision-making principles involved in the government’s secret program targeting U.S. citizens for extra-judicial killing. Last fall, the National Association of Criminal Defense Lawyers (NACDL) filed a Freedom of Information Act request seeking the legal memoranda justifying the targeting of Americans overseas with lethal force and the role the Department of Justice plays in extrajudicial executions. The request is still outstanding and the presentation by the Attorney General at Northwestern does not satisfy that request. We hope that now that Attorney General Holder has publicly discussed the extra-judicial targeting of American citizens, the Department of Justice will release the legal justifications and processes in their entirety. 


9th Circuit rehearing en banc granted in laptop border search case

Last September, NACDL and the Electronic Frontier Foundation (EFF) filed an amicus brief in support of defendant/appelle’s petition to the 9th Circuit for rehearing en banc in United States v. Cotterman. On March 19, the petition was granted. Cotterman involves a prosecution for production, possession and importation of child pornography and obscene materials, discovered during a search of the defendant’s laptop that began at the border and ended two days later at a government forensic laboratory almost 170 miles away from the border. The brief argues that the suspicionless, indefinite seizure of an individual’s laptop at the border raises constitutional concerns, and the suspicionless forensic search was outside the scope of a permissible investigatory detention and is abhorrent to the Fourth Amendment.

You can link to the joint NACDL/EFF brief here.


Ohio GPS Case remanded in light of Jones

On March 13, 3012, the Ohio Supreme Court issued a ruling in State v. Johnson, a GPS surveillance case, and vacated the judgment of the appellate court and remanded the case to the lower court for application of the Supreme Court’s January 2012 decision in United States v. Jones. NACDL filed a joint amicus brief with the Ohio Association of Criminal Defense Lawyers, the Electronic Frontier Foundation, the First Amendment Lawyers Association, the Center for Democracy and Technology, the American Civil Liberties Union of Ohio, the Office of the Ohio Public Defender, and Seven Ohio Professors of Law arguing that 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 a GPS transmitter on a person’s vehicle and undertaking such surveillance.


NACDL's 11th Annual State Criminal Justice Network San Francisco Conference -- Gideon and Beyond: Securing Constitutional Rights Through Policy Advocacy  

The 11th Annual State Criminal Justice Network Conference will examine the impact Gideon v Wainwright had on indigent defense. In addition, the conference will profile significant Supreme Court cases that are having an impact on criminal justice reform efforts around the country, including Padilla, Graham and Jones. NACDL's State Criminal Justice Network Conference will take place at the San Francisco Westin St. Francis on Wednesday July 25-July 27, 2012. For updated information, please click here.


NACDL White Collar Criminal Defense College at Stetson honors Janet Levine and Jan Handzlik with the Inaugural White Collar Criminal Defense Award

In conjunction with the inaugural NACDL White Collar Criminal Defense College at Stetson University College of Law, held from March 15 to 20, 2012, NACDL awarded the inaugural White Collar Criminal Defense Award to Janet Levine and Jan Handzlik. This award honors individuals who have made a profound impact on the field of white collar criminal defense advocacy. Janet Levine is a partner in Crowell & Moring’s Los Angeles office and chair of the firm’s White Collar & Regulatory Enforcement Group. Jan Handzlik is a partner in Venable’s national SEC/White Collar Criminal Defense Group and is based in Los Angeles.

Levine and Handzlik recently successfully defended Lindsey Manufacturing Company and two of its executives on Foreign Corrupt Practices Act (FCPA) charges. Lindsey was the first corporate defendant to challenge the FCPA at trial and Levine and Handzlik launched a full-scale attack on the meaning and application of several of the FCPA’s key terms. Following a nearly six-week jury trial that ended in convictions on all counts, the federal judge threw out the verdicts and dismissed the FCPA indictment with prejudice after Levine and Handzlik’s zealous and persistent efforts to vindicate their clients revealed that prosecutorial misconduct had permeated every aspect of the government’s case.


NACDL's Daily Criminal Justice Briefing 

NACDL now offers a terrific and free 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 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.

So far, nearly 1,200 NACDL members have subscribed to the Daily Criminal Justice Briefing. If you would like to join them, simply click here


Where in the World is NACDL?

From February 29 to March 2, 2012, Director of White Collar Crime Policy Shana Regon attended the ABA’s National Institute on White Collar Crime in Miami, Florida. Panel topics included the new landscape of insider trading cases, prosecution of attorneys in connection with providing legal advice, international cartel enforcement, computer crime, and investigative techniques in white collar cases.

In early March, NACDL’s National Security Committee Chair Joshua Dratel and National Security Counsel Mason Clutter attended a private meeting at Columbia Law School to discuss messaging on the Guantanamo military commissions and the effect of such messaging on Article III Court prosecutions of terrorism cases.

On March 13, 2012, Director of Institutional Development Malia Brink debated the future of the civil right to counsel at George Washington Law School in Washington, DC at an event hosted by the Federalist Society.

From March 15 to 20, 2012, NACDL Executive Director Norman Reimer, Director of White Collar Crime Policy Shana Regon, and Counsel for White Collar Crime Policy Tiffany Joslyn, attended the inaugural NACDL White Collar Criminal Defense College at Stetson University College of Law in Gulfport, Florida. This “boot-camp” program focused on providing practitioners with key advocacy skills and instruction on substantive white collar law.

Executive Director Norman Reimer and State Legislative Affairs Director Angelyn Frazer presented at the National Conference of Criminal Justice Act Panel Attorney Representatives in Albuquerque, New Mexico on Saturday March 3, 21012. The panel was two-fold as Angelyn conducted a presentation on effective organizing and advocacy efforts panel attorney could engage in as they seek support for their various initiatives entitled “Zealous Advocacy In and Out of Court: Effective Organizing and Leadership Skills to Advance the Field”. Norman discussed the resources that NACDL provides and how those resources are of benefit to panel attorney as they continue to provide quality CJA representation. 

Executive Director Norman Reimer attended a convening on mass incarceration hosted by the Sentencing Project in Washington, DC.


Federal Policy Update

General Updates

NACDL submitted formal comments on March 14 addressing the Department of Justice’s regulations concerning the process by which states may qualify for “fast-track” federal review of state capital post-conviction cases. On March 19, NACDL submitted comments on the U.S. Sentencing Commission’s proposed amendments to the Sentencing Guidelines, focusing in particular on the impact of financial loss calculations on white collar sentences.

National Security

Earlier this month, Senator Mark Udall (D-CO) and Congressman Adam Smith (D-WA) introduced companion legislation (S. 2175, H.R. 4192) seeking to make clear that the indefinite military detention provisions of the 2012 National Defense Authorization Act (NDAA) do not apply to individuals detained in the United States. The bills also would prohibit the use of military commissions to try individuals detained in the United States, and would repeal the mandatory military custody provision of the NDAA.

NACDL joined a coalition letter to the Senate Judiciary Committee (SJC) urging that the SJC promptly hold confirmation hearings on President Obama’s nominees to the Privacy and Civil Liberties Oversight Board (PCLOB). While NACDL does not take a position endorsing or opposing specific candidates, NACDL believes it is important to have a Board in place to provide oversight of national security programs and policies, and to protect privacy and civil liberties.

NACDL joined a coalition letter to the United States Federal Aviation Administration to urge the Agency to conduct a rulemaking to address the threat to privacy and civil liberties that will result from the deployment of aerial drones within United States. The use of drones implicates Fourth Amendment interests and common law privacy rights.


NACDL on Twitter

NACDL has an official Twitter account, @NACDL, and now has 1,530 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 have 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 clicking http://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 Twitter presence to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at idominguez@nacdl.org.


NACDL on Facebook

NACDL is on Facebook. Recently, Facebook changed the way member groups operate, so to keep up with all of NACDL's updates, please be sure to "like" the NACDL Public Page (http://www.facebook.com/NACDL), which now counts 2,050 fans following NACDL's work. 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 this link to get directly to NACDL's 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 presence on Facebook to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at idominguez@nacdl.org.


Recent Amicus Curiae Briefs Posted on NACDL Website

King v. United States, U.S. Sup. Ct., No. 11-959, decision below 660 F.3d 1071 (9th Cir. 2011), brief filed 3/7/12. False Statements – Federal Jurisdiction. Amicus curiae brief of the National Association of Criminal Defense Lawyers, the Cato Institute and the Texas Public Policy Foundation in support of the petition for certiorari. Question presented: Should an individual face federal criminal liability under 18 U.S.C. §1001 for a false statement made to a person unconnected to the federal government at a time when no federal investigation exists merely because the statement concerns an issue over which the federal government may exercise discretionary regulatory authority? Argument: 18 U.S.C. § 1001 criminalizes the knowing and willful making of materially false statements in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States. Judicial expansions of §1001 have invited prosecutors to stretch the statute beyond its proper reach and an improperly broad definition of a “matter within the jurisdiction” clause presents significant risks of overcriminalization and misuse, resulting in wrongful convictions. Authors: Andrew T. Wise and Kevin G. Mosley, Miller & Chevalier Chtd., Washington, DC.

Public Defender, Eleventh Judicial Circuit of Florida v. State, Fla., Nos. 09-1181 & 10-1349, brief filed 1/10/12. Sixth Amendment Right to Counsel – Indigent Defense – Caseloads. Amicus curiae brief of the Florida Association of Criminal Defense Lawyers, Public Interest Law Section of the Florida Bar, University of Miami School of Law Center for Ethics and Public Service, National Association of Criminal Defense Lawyers, Brennan Center for Justice, and the Constitution Project in support of petitioner. Argument: The petitioner and assistant public defenders for the 11th Judicial Circuit have shown that their excessive caseloads imminently threaten not only to create conflicts of interest but also to deprive current and former indigent clients of constitutionally-effective assistance of counsel and are therefore entitled to limit further representations without waiting for those threats to materialize; extensive evidence presented in the trial court establishes both ongoing violations of the Sixth Amendment rights of petitioner’s clients and an unacceptable risk of future violations; the intermediate court of appeal improperly limited the scope of the Sixth Amendment as it applies to systemic deficiencies. Authors: Michael Ufferman, Tallahassee, FL, and Sonya Rudenstine, Gainesville, FL.

State v. Norfolk, Mo., No. SC 92252, decision below _____ SW.3d _____, 2011 WL 5541791 (Mo.App. 2011), brief filed 3/21/12. Harmless Error—Admission of Inadmissible State Evidence—Right to Testify. Amicus curiae brief of the Missouri Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers. Argument: After the trial court erroneously admitted evidence (firearm, ammunition and marijuana) seized in violation of the Fourth Amendment, the defendant admitted under oath that the gun and marijuana were his. The court of appeals held that while the trial court clearly erred in denying Norfolk’s motion to suppress, given the defendant’s confession in open court, the error was harmless beyond a reasonable doubt. When evidence is erroneously admitted at trial, the defendant’s subsequent testimony cannot render that error harmless; Missouri’s harmless error rule regarding subsequent testimony has been overruled by the U.S. Supreme Court and makes little practical sense. Authors: Stewart Banner, UCLA Law School, Los Angeles, CA, Talmage E. Newton IV, Pleban & Petruska Law, LLC, St. Louis, MO, and Burton H. Shostak, Shostak Law LLC, Clayton, MO.

United States v. Behenna, U.S. C.A.A.F., No. 12-0030, decision below 70 M.J. 521 (Army C.C.A. 2011), brief filed 3/9/12. Military Law— Evidence—Brady Material—Government Expert’s Report Favorable to Defense. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of appellant. Argument: NACDL submits that the Brady violation in this case is not an isolated aberration, but rather is evidence of a systemic problem in military jurisprudence. Military prosecutors have a legal and ethical duty to seek justice, not convictions, and if trial counsel has a bona fide question as to whether or not something is or is not Brady material, it should be submitted to the military judge for resolution. Absent that, then any violation of Brady will be presumed to be prejudicial absent the government’s demonstration to the contrary by the beyond a reasonable doubt standard. Author: Donald G. Rehkopf, Jr., Brenna, Brenna & Boyce, PLLC, Rochester, NY.

United States v. Ring, D.C. Cir., No. 11-3100, brief filed 3/14/12. Fraud—Bribery—Honest Services. Amicus curiae brief of the National Association of Criminal Defense Lawyers and the Center for Competitive Politics in support of appellant. Argument: In Skilling v. United States (2010), the Supreme Court held that to prove “honest services” fraud under 18 U.S.C. §1346, the government must prove bribery and quid pro quo—an exchange of a thing of value and an official act taken in response. In this case, the district court’s instructions read the bribery requirement out of the statute, permitting the jury to convict the appellant without any showing of quid pro quo, but only a unilateral “intent to influence.” The lower court’s interpretation of the statute threatens to chill, even criminalize, a broad range of innocent conduct, particularly campaign contributions. Authors: Paul F. Enzinna and Evan N. Turgeon, Brown Rudnick LLP, Washington, DC, et al.


Recent NACDL Letters and Member Testimony

February 27, 2012, Coalition Letter to Oppose Legislative Proposals (S. 605, S. 409, and S. 839) 

February 21, 2012, Coalition Letter on Guidance Concerning the Foreign Corrupt Practices Act 

February 16, 2012, Written Statement of NACDL President Lisa Wayne before the US Sentencing Commission on "Public Hearing on Federal Sentencing Options After Booker 

February 8, 2012, Written Statement of David Smith before the House Subcommittee on Crime, Terrorism and Homeland Security on "Combating Transnational Organized Crime: International Money Laundering as a Threat to our Financial Systems." 

February 6, 2012, NACDL Letter on Access to Substance Abuse Treatment Act of 2012 


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NACDL Members Save on Verizon Wireless fees and accessories!

 

NACDL members can now save up to 22% off on Verizon Wireless monthly access fees and 25% off eligible wireless accessories from NPP! This new member benefit allows you to enjoy discounts on corporate Verizon accounts, as well as, adding new lines to your friend and family plans. Minimum of 5 lines required.

Take advantage of this great offer from NPP and learn how your NACDL membership adds up to savings for you!

 


Sprint Nextel Discount for NACDL Members

It pays to be a member of NACDL! Sprint Nextel is pleased to offer a wireless discount program to members of the 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, please click 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.


Affiliate CLE Calander

April 13-15
Georgia: NCDC's Theories and Themes
Renaissance Concourse Hotel, Atlanta, Georgia
Contact: NCDC's Executive Director Rosie Flanigan at (478) 746-4151 or e-mail rosie@ncdc.net 

April 13
New Mexico: NMCDLA's Law Practice Management Seminar
Albuquerque, New Mexico
Contact: NMCDLA's Executive Director Cathy Ansheles at (505) 992-0050 or e-mail cathy@nmcdla.org 

April 19-21
Georgia: GACDL’s Spring Seminar
Marriott Savannah Riverfront Hotel, Savannah, Georgia
Contact: GACDL's Executive Director Jennifer Mackall at (404) 248-1777 or e-mail jennkmac@att.net 

April 20-21
Oregon: OCDLA's Juvenile Law Seminar
Hallmark Resort, Newport, Oregon
Contact: OACDL's Executive Director John Potter at (541) 686-8716 or e-mail jpotter@ocdla.org  

April 25-28
NACDL's Spring Meeting & Seminar
Location: The Ritz Carlton, Cleveland, Ohio
Contact: NACDL's Education Assistant Akvile Athanason at (202) 872-8600 ext. 230 or e-mail aathanason@nacdl.org. For more details, visit our meetings Web site at www.nacdl.org/meetings 

April 26-28
Louisiana: LACDL's 22nd Annual Law and All That Jazz CLE Seminar
Renaissance Pere Marquette Hotel, New Orleans, Louisiana
Contact: LACDL's Executive Director David Tatman at (225) 767-7640 or e-mail david@tatmangroup.com  

April 26-27
Florida: 2012 Criminal Law Certification Review Seminar
InterContinental Hotel, Tampa, Florida
Contact: FACDL's Executive Director Kathryn Bradley at (850) 385-5080 or e-mail email kbradley@facdl.org 

April 26-27
Texas: TCDLA's Cross-Examination Seminar
Crowne Plaza Dallas Downtown Hotel, Dallas, Texas
Contact: TCDLA's Executive Director Joseph Martinez at (512) 478-2514 or e-mail jmartinez@tcdla.com 


Get ready for NACDL's Battle of the Experts Seminar!

 

Hotel Discount Deadline ends Tuesday, April 3rd!

Registration is now open for NACDL's Spring Seminar: Battle of the Experts: Beating Theirs, Winning with Yours, being held April 25-28, 2012, at The Ritz Carlton Hotel in Cleveland, Ohio.

This program will provide you with the knowledge and confidence to effectively handle an expert without the worry of having to become an expert yourself. Join us in Cleveland and learn the techniques to effectively present your experts while refuting the testimony of the prosecution's experts.   

There will also be a FREE tour of the Rock and Roll Hall of Fame and Museum coordinated by NACDL on Wednesday, April 25th! Space is limited for this special tour, so sign-up today. Click here to find out more about the tour as well as a list of attractions in Cleveland!

Register Today! 

 


2nd Annual West Coast White Collar Conference: “Turning the Table on Government”

 

Register today for NACDL's 2nd Annual West Coast White Collar Conference: "Turning the Tables on the Government", June 7 - 8, 2012. You don't want to miss this enlightening seminar being held in beautiful Lake Tahoe, NV, at the luxurious Hyatt Regency Lake Tahoe Resort.

Co-Chairs Jan Nielson Little and Timothy P. O'Toole have put together an incredible program to address the hottest topics in your practice - from defending intent to negotiations with the government - this program is sure to enhance your expertise on the most pertinent topics and common issues that occur in white collar cases.

 


NACDL Annual Meeting in San Francisco - Talk to Me: Ultimate Voir Dire

 

Early Registration discount through April 27th - $35.00 off full registration! 

Register today for NACDL's 2012 Annual Meeting & Seminar being held at the Westin St. Francis Hotel in San Francisco, CA, July 25 - 28, 2012!

This program is designed to provide criminal defense counsel with the most effective voir dire approaches and techniques needed to conduct comprehensive jury selection. You will specifically learn how to find jurors that may be favorable to your client's case, to properly convey the defense's reasoning, framing of factual issues, how to humanize the client, building trust and credibility with the jurors, how to determine biases, prejudices and attitudes of jurors, and how to effectively set forth and convey legal principles.

Learn the principles of voir dire, how jurors really think and decide, and how to find the jurors of your dreams! Make plans today to join your colleagues from around the country in San Francisco! 

 


Join NACDL’s “The List” for exclusive access to live and self-study CLE savings!

 

NACDL is now offering EXCLUSIVE discounts of up to 50% off on live and self-study CLE when you subscribe to THE LIST! Sign-up for THE LIST now and take advantage of these huge discounts on the CLE you need at the best possible rates!

How does it work?

  • Simply Click Here to sign up for THE LIST 
  • You will immediately receive an e-mail confirming you are now a member of THE LIST
  • You will receive up to (3) e-mails a month with special savings on live and self-study CLE
  • Access. Shop. Save – it’s that easy!

At any point, you can opt-out from THE LIST e-mails through your online member profile.

So what are you waiting for? Sign-up today and get on THE LIST for your access to huge savings, exclusive discounts, and more!

 


NACDL's March Madness Sale - 50% off Self-Study CLE DVDs!

 

Now that the NCAA men's basketball tournament is in full swing – time is running out to save on the self-study CLE you need! Act now - order any NACDL CLE DVD before March 31st, and save 50% off the regular purchase price during NACDL’s March Madness sale!

Enter promotional code: MM12 to receive the 50% web discount at check-out. 

 


Federal Sentencing Guidelines Seminar in St. Petersburg Florida

 

NACDL, The Tampa Bay Chapter of the Federal Bar Association and The Criminal Justice Section of the American Bar Association proudly present The 21st Annual Seminar on the "Federal Sentencing Guidelines" being held May 23 - 25, 2012 in St. Petersburg, Florida.

Sessions Include:

  • United States Sentencing Guidelines Basic Training
  • Federal Sentencing: View From the Bench
  • Firearm Offenses
  • Fraud/Theft Offenses
  • The Presentence Report and Departures/Variances
  • Mitigation at Sentencing
  • Corporate Sentencing and Plea Negotiations
  • Narcotics Offenses I and II
  • Immigration Offenses and Cultural Issues 
  • And much more!
Register today!

 


Stay Up-To-Date on NACDL News & Issues

DUI Listserve 

The focus of this listserve is DWI / DUI issues. Click here to learn how to subscribe and to review the listserv policies and guidelines.

Eyewitness Identification 

The focus of this listserve is eyewitness identification. In addition to open participation by NACDL members, NLADA members are invited guests to this listserve. Click here to learn how to subscribe and to review the listserv policies and guidelines.

Forensic Evidence Listserve 

The focus of this listserve is issues surrounding forensics. In addition to open participation by NACDL members, NLADA members are invited guests to this listserve. Click here to learn how to subscribe and to review the listserv policies and guidelines.

The Young & New Lawyers Listserve 

For criminal defense lawyers who are new to the profession, or just starting out in private practice. Generally, lawyers under 40 years of age, or in their first five years of practice. We also encourage you to participate if you are getting your start in private practice after spending time clerking, working as a DA or PD, or are leaving a firm to start your own practice. More experienced lawyers who have a gift and dedication to mentoring are encouraged to participate and offer advice and share their experience with younger colleagues. It's a place for attorneys getting their start - in whatever way - to get to know each other and to learn from more experienced colleagues. It is a forum where you can ask questions about all those things you need to know that they don't teach in law school. Click here to learn how to subscribe and to review the listserv policies and guidelines.

NACDL Listserve 

The NACDL listserv helps facil related matters. Subscription is free and limited to active NACDL members. Click here to learn how to subscribe and to review the listserv policies and guidelines. So far, more than 700 members have joined.


Questions, comments, or news items?

E-mail or call Director of Public Affairs & Communications Jack King at (202) 465-7628 or E-mail or call Deputy Director of Public Affairs & Communications Ivan Dominguez at (202) 465-7662.

Please feel free to pass along the E-NEWS to friends. Ask them to click here to become a member. 

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