WHEREAS the National Association of Criminal Defense Lawyers established the NACDL Fourth Amendment Center on April 24, 2018, designed to provide defense lawyers with the resources and support needed to ensure that Fourth Amendment case law evolves to keep pace with emerging technologies;
WHEREAS the Fourth Amendment Center provides training programs and resources for defense lawyers handling cases involving new surveillance tools, technologies, and programs;
WHEREAS the Fourth Amendment Center includes a tactical litigation support network to provide direct assistance in cases that present an opportunity to challenge the use of new technologies and shape Fourth Amendment law;
IT IS HEREBY RESOLVED:
The President in consultation with the Executive Director is hereby authorized to establish a Fourth Amendment Center Advisory Board (“Advisory Board”) to guide the Fourth Amendment Center in its mission;
The Advisory Board shall consist of a chairperson and no more than eight members, who shall be subject-matter experts, technologists, or prominent defense lawyers, preferably, but not necessarily, NACDL members;
The Advisory Board shall serve five primary functions for the Fourth Amendment Center:
- Identifying critical areas of need;
- Advising on the process and parameters for providing, or declining to provide, direct litigation assistance;
- Referring potential cases for litigation; and
- Promoting the Center’s work;
- Reporting regularly to the NACDL Board of Directors and the Fourth Amendment Committee.
The Fourth Amendment Center staff will regularly inform the Advisory Board of the status of open matters and of notable developments;
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The Advisory Board, in consultation with Center staff, will establish internal operating procedures for maintaining confidentiality and identifying potential conflicts of interest;
The Advisory Board members will not receive attorney-client privileged materials or be included in meetings or communications with the client or co-counsel, except in civil cases where NACDL may be a plaintiff.