Recent Board Resolutions

• Authorizing Public Defense Litigation and Reform Funding

  The Board of Directors adopted a resolution authorizing the allocation of funds for systemic public defense litigation from Fiscal Year 2021 through Fiscal Year 2023.

• Concerning Capital Defense Practice During the Pandemic

  NACDL encourages counsel not to abdicate their responsibility to provide effective representation to their clients and to continue to make a full record of work that cannot be achieved during the pandemic. NACDL supports its members and others who adhere to fundamental capital practice standards during this pandemic and refuse to undertake substandard in-person work.

• Adopting Special Election Procedures

  The following procedures were adopted to govern a special election at the 2020 annual board meeting.

• Creating a Law Enforcement Accountability Project Advisory Board

  The Board of Directors adopted a resolution by the Executive Committee to create an advisory board for the Law Enforcement Accountability Project.

• Statement of Principles and Further Call to Action Concerning COVID-19

  The Board of Directors adopted a statement of principles regarding the overcriminalization of public health order violations related to the COVID-19 pandemic.

Other Board Resolutions

• 2020
  • Authorization to Seek Financial Assistance on behalf of NACDL

    The Executive Committee authorized NACDL’s president and executive director to seek available government and other financial assistance in response to the COVID-19 crisis.

  • Strike Force Protocol

    The Board of Directors adopted the following protocol for the Lawyers’ Assistance Strike Force on February 15, 2020.

• 2019
  • Concerning the Implementation of Federal Rule of Criminal Procedure 16.1

    NACDL urges the criminal defense bar to develop best practices for pretrial discovery. To that end, the Board authorizes the NACDL President to impanel a Rule 16.1 Task Force of practitioners and other experts to gather facts, collect data, and assess discovery procedures that have been implemented throughout the nation.

  • Restructuring of the CLE Institute

    NACDL's Board of Directors adopted a resolution modifying the NACDL Continuing Legal Education Institute, as established by the Board of Directors on August 8, 2009.

  • Establishing the Powers and Duties of the Elected Officers of the Association

    NACDL's board of directors adopted a resolution establishing the powers and duties of NACDL's officers.

  • Calling for the Immediate Implementation of the First Step Act of 2018

    NACDL urges enactment of legislation to explicitly make all sentencing reform provisions of the First Step Act retroactive; to support commutation; and to support pro bono representation for inmates who might qualify for commutation pursuant to any systematic program announced by the Executive Branch.

  • Concerning Categorical Legislative Prohibitions of Defenses in Criminal Cases

    NACDL opposes categorical, legislative prohibition of specific defenses.

  • Establishing Membership Categories

    The Board of Directors established several membership categories pursuant to recent bylaws amendments.

• 2018
  • Adopting a Code of Conduct for Affiliated Persons

    NACDL is committed to providing a safe environment free of harassment, discrimination, intimidation and insult. NACDL prohibits any discrimination or harassment of our employees and program attendees based on a person’s race, color, gender, national origin, age, disability, religion, sexual orientation, or any other ground prohibited by the federal government, District of Columbia, relevant state or local law.

  • Creating the Fourth Amendment Center Advisory Board

    NACDL authorizes the creation of a Fourth Amendment Center Advisory Board to guide the Fourth Amendment Center in its mission.

  • Adopting Special Election Procedures

    The following procedures were adopted to govern a special election at the 2018 annual board meeting.

  • Concerning ICE in the Courthouse

    NACDL joins bar associations, legal services providers, policymakers, and judges in calling for an immediate and complete halt to the implementation of Directive Number 11072.1.

  • Concerning Public Defender Selection

    NACDL endorses principles regarding the selection, retention, and removal of public defender system leadership calling for independence, commitment to public defense, confronting racial bias, and consummate advocacy.
• 2017
  • Concerning Public Defense Delivery Systems

    The National Association of Criminal Defense Lawyers deems that where warranted by the jurisdictional population needs and caseload, a proper public defense delivery system should comprise institutional offices of full-time attorney staff as well as meaningful participation of private attorneys with equal access to training and resources necessary to provide effective criminal defense.

  • Concerning Prison Privatization

    NACDL believes that private prison contracts must require the private prison, at a minimum, to meet all government regulations and requirements for the care, treatment and protections of inmates and to be fully transparent and to comply with any and all reporting requirements authorized by law.

  • Authorizing Public Defense Reform and Litigation Funding

    NACDL makes the commitment to provide up to $45,000 for systemic litigation during the period of Fiscal Year 2018 through Fiscal Year 2020, and sets forth certain relevant procedures.

  • Amending the Corporate Bank Resolution

    NACDL’s Treasurer, or other designated officer excepting the Secretary, has transactional authority over NACDL’s Investment Accounts and is authorized to act on behalf of the Executive Director in the event that the Executive Director be unable to act. NACDL staff is authorized and directed to fill out and submit the Amendment to the Corporate Resolution’ form as needed to implement this resolution.

  • Suspending the Spending Policy for Fiscal Year 2018

    NACDL suspended its spending policy for the 2018 fiscal year.

  • Adopting Special Election Procedures

    The board of directors adopted the following special election procedures.

• 2016
  • Updating the Standing Board Policy on Affiliate Association Representation on the Board of Directors

    On October 29, 2016, the NACDL Board of Directors adopted as Board Policy the following rights and privileges of Affiliate Associations.

  • Concerning Public Defender Group Memberships

    The NACDL Board of Directors authorizes the executive director to offer group memberships to public defender entities.

  • Concerning HIV Criminalization

    NACDL  opposes all laws that base criminal liability and/or penalty enhancements on one’s HIV status rather than on the intent to harm another individual. NACDL supports the repeal of such criminal laws as fundamentally unfair and unjust. Recognizing that outright repeal can result in the abusive use of existing statutes, NACDL also supports modernization of these criminal laws to incorporate strong principles of intent and proportional punishment.

  • Calling for an Independent Federal Public Defense Agency

    NACDL calls for the creation of an agency to oversee federal public defense that is wholly independent of the judiciary.

  • Concerning the 50th Anniversary of In Re Gault

    NACDL endorses the Gault at 50 Campaign and supports the following principles.

  • Renaming the Champion of Indigent Defense Award

    NACDL changes the name of its Champion of Indigent Defense Award to Champion of Public Defense Award, effective immediately.

  • Concerning Adoption of a Policy on SEC’s Use of Administrative Proceedings

    NACDL adopts recommendations to address the aforementioned flaws through reforms to the applicable securities laws and the rules governing the SEC administrative proceeding process.

• 2015
  • Concerning Adoption of a Conspiracy Law Policy

    NACDL adopts recommendations to reform flaws in criminal conspiracy law, and to calls for principled limits on the application of conspiracy law that recognize the inherent evidentiary, outcome reliability, and constitutional problems associated with all forms of conspiracy.

  • Adopting a Director and Leader Personal Conduct Policy

    The Board unanimously adopted a Director and Leader Personal Conduct Policy.

  • Concerning Mail Cover Surveillance

    NACDL adopts a report and recommendations to address flaws through reform to the mail cover program.

  • Endorsing Trial Defense Guidelines for Representing a Child Facing a Possible Life Sentence

    NACDL endorses the proposed Trial Defense Guidelines for Representing a Child Facing a Possible Life Sentence, and recommends that in any jurisdiction which permits the imposition of life sentences upon a child, the public and private defense bar should advocate to ensure that these standards are implemented and that the jurisdictions prosecuting those cases provide adequate resources to ensure compliance with these guidelines

• 2014
  • Recognizing and Remembering William H. Buckman

    The NACDL Board of Directors recognizes and remembers William H. Buckman, a cherished friend and a tenacious advocate for justice.

  • Establishing Special Election Procedures

    The following procedures shall govern the special election to be held at the 2014 fall board meeting in Washington, DC.

  • Authorizing Indigent Defense Litigation and Reform Funding

    NACDL commits to provide up to $45,000 for systemic litigation during the period of Fiscal Year 2015 through Fiscal Year 2017.

  • Adopting Model Legislation on Discovery in Criminal Cases

    NACDL endorses model legislation to promote nationwide discovery reform and improve the fairness of criminal justice systems.

  • Adopting a Report and Recommendations on Digital Searches

    NACDL adopts a report and recommendations on law enforcement searches of digital evidence.

• 2013
  • Commitment to Provide Opportunities for Programming, Events and Initiatives that Focus on Issues of

    NACDL is committed to developing a membership that is representative of the diversity of gender, race, ethnic origin, sexual orientation, gender identity and/or expression, religion, age, disability and other backgrounds found in society, the criminal defense bar and the legal community.

  • Concerning Restoration of Funding For Federal Indigent Defense

    NACDL opposes any further cuts to Federal Defender offices;

    BE IT FURTHER RESOLVED that NACDL opposes any reduction in the rate of compensation paid to assigned counsel under the CJA; ................

  • Regarding Defense Access to DNA Databases

    NACDL supports federal and state legislation to ensure defense access to CODIS for purposes of preparing a defense or petitioning for post-conviction relief or executive clemency; and ...........

  • Concerning the use of Familial DNA Searching during Criminal Investigations

    the extent that such searches are permitted,  the federal government or states should enact legislation authorizing the use familial searches only if such searching, at a minimum, adheres to the following requirements: ..........

  • Adopting Model Legislation Regarding Drones

    The Board of Directors adopts the model legislation

  • Honoring the Extraordinary Legacy of NACDL Past President Murray J. Janus

    The Membership of the National Association of Criminal Defense Lawyers adjourns its 2013 Midwinter Meeting in honor and memory of Past President Murray J. Janus.

  • Opposing the use of Familial DNA Searching during Criminal Investigations

    NACDL opposes the use of familial DNA searching

• 2012
  • Establishing Special Election Procedures

    the following procedures shall govern the special election to be held at the NACDL Fall meeting in New Orleans: .......

  • Adopting Ethics Opinion on Plea Agreements Barring Collateral Attack

    National Association of Criminal Defense Lawyers adopted Ethics Opinion 12-02

  • Endorsing Proposition 34 to End the Death Penalty in California

    NACDL endorses Proposition 34 as a more effective, just, and cost-efficient method of preventing, solving, and punishing crime.

  • Concerning Pretrial Release and Limited Use of Financial Bond

    An accused under any significant pretrial restriction of liberty, including but not limited to home confinement, should be entitled to appropriate credit for such restriction against any future sentence.

  • Calling upon the federal government to conduct a comprehensive review

    NACDL calls upon the federal government to conduct a comprehensive review of cases in which potentially flawed forensic evidence was utilized, including but not limited to those in which microscopic or visual hair comparison evidence was admitted, and to make immediate and full disclosure of the use of such evidence to the prosecution, defendant, and defense counsel in each case, ........

  • Accepting the Invitation to Join the Defending Immigrants Parntership as a National Defender Member

    The National Association of Criminal Defense Lawyers hereby accepts the invitation to join the Defending Immigrants Partnership as a National Defender Member; and

    NACDL will continue to work with other members of the Defending Immigrants Partnership to provide defense attorneys with critical resources and training about the immigration consequences of crimes.

  • Urging the Recognition of Right to Counsel at Initial Appearance

    NACDL urges all states and U.S. territories to adopt such constitutional provisions, laws or regulations necessary to guarantee that every accused person, irrespective of financial capacity to engage counsel, shall be guaranteed counsel at the first appearance before a judicial officer at which liberty is at stake or at which a plea of guilty to any criminal charge may be entered. ............

  • Conferring Honorary Membership upon Raag Singhal

    NACDL nominates RAAG SINGHAL, as Honorary Member of the NACDL. 

• 2011
  • Adopting Special Election Procedures

    the following procedures shall govern the special election to be held at the NACDL Fall meeting in Las Vegas: ........

  • Continuing Opposition to the Military Commissions at Guantanamo Bay

    NACDL shall continue to provide expertise, consultation, and support to the military and civilian lawyers representing defendants who are charged in the military commissions at Guantanamo...

  • Authorizing Indigent Defense Litigation and Reform Funding

    NACDL makes the commitment to provide up to $45,000 for systemic litigation during the period of Fiscal Year 2012 through Fiscal Year 2014.

    The NACDL will budget the sum of $15,000 as a line item for litigation for each of Fiscal Years 2012, 2013, and 2014. ...........

  • On Law Enforcement Access to Third Party Records

    National Association of Criminal Defense Lawyers hereby adopts the principle that law enforcement access to the content of private electronic communications should require a warrant supported by probable cause; ..........

  • Guiding NACDL's Efforts in the Capital Punishment Area

    The Committee proposes the following:

    1. NACDL should allocate resources to establish an additional NACDL Death Penalty Counsel. This Counsel should, in collaboration with the National Consortium for Capital Defense Training, conduct the BJA-supported bring-your-own-case training and should also provide follow-up resource support to the defense teams after the trainings...............

  • Approving Model Legislation to Disclose Favorable Information to the Accused

    NACDL will seek to advance the measures and principles embodied in the model reform legislation.

  • Discouraging Campaign Attacks in Judicial Elections

    NACDL calls upon all candidates for judicial office to refrain from personal attacks that undermine judicial independence, impugn the integrity of the judicial branch, or denigrate fundamental constitutional rights, and to pledge publicly to adhere to this request.

  • Adopting Model State Legislation Reforming the Use of Asset Forfeiture

    NACDL adopts the attached model as its model legislation for reform of asset forfeiture laws.

  • Calling for Abolition of the Death Penalty in the State of Illinois

    NACDL calls upon Patrick Quinn, the Governor of the State of Illinois, to sign Senate Bill 3539 into law and abolish the death penalty in the State of Illinois.

  • Authorizing a Champion of State Criminal Justice Reform Award

    National Association of Criminal Defense Lawyers authorizes a Champion of State Criminal Justice Reform Award, to be conferred according to the following guidelines. ............

  • Regarding Reform of the Hyde Amendment

    NACDL supports legislation that would allow an acquitted defendant in a federal criminal case the opportunity to recover his or her attorney’s fees and expenses without a finding of government misconduct; and

    IT IS FURTHER RESOLVED that NACDL urges the United States Congress to swiftly and fully enact such legislation.

  • Urging Legislatures and Governors to Refrain from Passing Anti-Immigration Laws

    NACDL urges state and local jurisdictions to refrain from passing a law similar to Arizona Senate Bill 1070 or any other law that targets individuals on the basis of race, ethnicity, or national origin and endangers the protection of constitutional rights; ..........

• 2010
  • Regarding Canada’s Proposed Mandatory Minimum Sentences

    National Association of Criminal Defense Lawyers urges the Government of Canada to abandon Bill S-10 and to reject mandatory minimum sentences; and

    THEREFORE BE IT FURTHER RESOLVED that the National Association for Criminal Defense Lawyers urges the Government of Canada to reallocate the money intended for S-10 to fund drug treatment and harm reduction programs, alternatives to incarceration, employment opportunities, and human services.

  • Regarding National Standards on Prison Rape Elimination

    NACDL supports the national standards released by NPREC; and

    IT IS FURTHER RESOLVED that NACDL urges the Attorney General to swiftly and fully adopt the national standards.

  • Adopting Recommendations to Strengthen Forensic Evidence and its Presentation in the Courtroom

    Position Statement on Forensic Science

  • Recognizing and Remembering Jack T. Litman

    Being a truly incomparable lawyer, friend, and beloved member of the Board of Directors and Life Member of the NACDL, who through countless gestures of kindness and loyalty delivered when it counted for his friends, clients, and the cause of liberty.

  • Regarding Proposed Changes to the City of New York’s Criminal Legal Services System

    NACDL opposes any swift change to the current, balanced indigent defense system of the City of New York under these circumstances. .........

  • Concerning Adoption of Federal Criminal Provisions

    the National Association for Criminal Defense Lawyers urges Congress to address the aforementioned flaws through reforms to the federal criminal law and Congressional rules and procedures, including: ...........

• 2009
  • Amending the Budget

    The Budget Committee and the Executive Committee authorize similar expenditure in Fiscal Year 2010.

  • Establishing Special Election Procedures

    the following procedures shall govern the special election to be held at the NACDL Fall meeting in Portland: ...........

  • Concerning Life Members in Arrears

    The Board of Directors authorizes staff to suspend the membership of any life member who remains in arrears for a period in excess of two years.

  • Establishing Special Election Procedures

    the following procedures shall govern the special election to be held at the NACDL Annual meeting in Boston: ..........

  • Creating an NACDL Continuing Legal Education Institute

    NACDL Board of Directors approves the attached proposal for the creation of an NACDL Continuing Legal Education Institute.

  • Supporting the National Criminal Justice Commission Act

    National Association of Criminal Defense Lawyers supports the National Criminal Justice Commission Act and urges its swift passage.

  • Authorizing Audit Expesnes for Transition to New Association Management System

    Upon the recommendation of the Audit, Budget, and Executive Committees, the Board authorizes the additional expenditure of $6,300 in audit fees to cover the cost of an audit in connection with the installation of the new association management system to review procedures and internal controls.

  • On The Review and Disposition of Individuals Detained at Guantanamo Bay

    Consistent with the Supreme Court’s directive in Boumediene v. Bush and President Obama’s January 22, 2009 Executive Order on “Review and Disposition Of Individuals Detained At The Guantanamo Bay Naval Base And Closure of Detention Facilities,” the National Association of Criminal Defense Lawyers urges the U.S. Government to ensure that: ........

  • Concerning Judicial Pay Legislation

    NACDL will urge the 111th Congress to speedily introduce and pass legislation consistent with H.R. 3753, 110th Congress and S. 1638, 110th Congress, to increase federal judicial compensation.

• 2008
  • Urging Congress to Prohibit Abuses Arising from Immigration Enforcement

    National Association of Criminal Defense Lawyers urges Congress to take immediate action to prohibit the following abuses of our criminal justice system arising from immigration enforcement actions: ...........

  • Supporting the Justice Integrity Act

    National Association of Criminal Defense Lawyers supports the Justice Integrity Act and urges its swift passage.

  • On Immigration Raids

    National Association of Criminal Defense Lawyers urges Congress to take immediate action to prohibit the following abuses of our criminal justice system arising from immigration enforcement actions: .......

  • On Closing Guantanamo Bay

    NACDL shall urge the next President and Congress of the United States to immediately suspend all pending military commission proceedings and propose legislation to immediately repeal the Military Commissions Act of 2006; ........

  • Recognizing and Remembering Don Fiedler

    The Board of Directors of the National Association of Criminal Defense Lawyers recognizes and remembers the extraordinary professionalism, service to justice and dedication of a great lawyer, teacher, and friend, Don Fiedler.

  • On the Notification of the Existence of DNA Evidence in Virginia

    The Commonwealth of Virginia, and the Virginia Forensic Science Board, be encouraged to proceed without delay to notify each person who was convicted and for whom this evidence has been discovered that this evidence exists at the Lab and can be tested for DNA, and, .............

  • Recognizing and Remembering Robert J. Hooker

    The Board of Directors of the National Association of Criminal Defense Lawyers recognizes and remembers the extraordinary professionalism, service to justice and dedication of a great lawyer, our friend and colleague, Robert J. Hooker. 

  • Adopted NACDL Policy on Operation Streamline

    Recommended NACDL Policy

    1. NACDL counsels lawyers to refuse to engage in the defense of these cases unless they are competent in the area and are provided adequate time and resources to allow meaningful representation. ............

  • Recognizing and Remembering Charlotte Glass

    The Board of Directors of the National Association of Criminal Defense Lawyers recognizes and remembers the extraordinary dedication

  • Concerning Judicial Pay Legislation

    NACDL will urge Congress to speedily pass H.R. 3753 and S. 1638 to increase federal judicial compensation.

    *Approved by the Executive Committee of the National Association of Criminal Defense Lawyers as consistent with action taken by the Board of Directors on February 24, 2007.

    To read NACDL's Letter to Senate and House Party and Judiciary Committee Leaders Regarding Federal Judicial Compensation, click here.

• 2007
  • Regarding Justice Department Proposal to Exclude Plea Agreements from PACER

    National Association of Criminal Defense Lawyers opposes the proposed exclusion of plea agreements from the Public Access to Court’s Electronic Records system (PACER).

  • Supporting Clemency for Troy Anthony Davis

    National Association of Criminal Defense Lawyers, reiterating and reinforcing its vigorous opposition to the infliction of death as punishment for crime, condemns the imposition of the death penalty in a case involving a claim of innocence and where substantial issues have not been reviewed by any court because of procedural default.

    RESOLVED, that National Association of Criminal Defense Lawyers urges the Georgia State Board of Pardons and Parole to grant clemency to Mr. Troy Anthony Davis.

  • Adopting NACDL's Amicus Mission Statement and Protocols

    The Board of Directors of NACDL ratifies the Mission Statement and Protocols of the Amicus Curiae Committee as presented on August 4, 2007.

  • NACDL’s Sex Offender Registries Policy Statement and Report

    Report of the Sex Offender Policy Task Force reflecting NACDL's policy on sex offender registries and other practices as adopted by the Board of Directors.

  • Concerning Judicial Pay

    NACDL urges Congress to take immediate action to enact a substantial pay increase for the federal Judiciary, consistent with the recent analysis by Paul Volcker, former chair of the National Commission on the Public Service, which recognized the inadequacy of federal judicial salaries and that increases in federal judicial salaries have not even kept pace with increases in average American worker wages. ....

  • Commending New Jersey Legislature's Death Penalty Study Commission

    the Legislature of the State of New Jersey, through the appropriate Committees, and with the full support of the executive and judicial branches, draft and pass an Act implementing the recommendations of the Death Penalty Study Commission and abolishing capital punishment within the State. .........

• 2006
  • Concerning Donations to Outside Organizations

    Requests for $2,000 and above from outside organizations must be submitted to NACDL’s Budget Committee in sufficient time, as determined by NACDL, for the formulation of any given Fiscal Year budget; ......

  • Concerning NACDL's Spending Policy for Reserves

    NACDL shall adopt the standard and benchmark for non-profit and trade associations to maintain, as a minimum, Reserves of 50% of its annual gross operating revenue budget.

    (B) NACDL’s Executive Director shall maintain at least 50% of the Reserves in liquid assets, which is defined as cash, long- and short-term investments.

    (C) NACDL shall amend its Investment Policy Statement by inserting on page 1, following the “Financial Objective Statement” paragraph, the following new “Spending Policy” language: ....

  • Concerning Functions of the Law Enforcement And Prosecutorial Misconduct Committee

    The Law Enforcement And Prosecutorial Misconduct Committee members, coordinated by its chair, are authorized to advise and assist members of the NACDL seeking such assistance and may, in the course thereof ,speak officially on behalf of the Committee through its chair after consultation with the President and Presi

    The Law Enforcement And Prosecutorial Misconduct Committee may also submit amicus briefs in aid of its mission in consultation with NACDl’s Amicus Committee.

• 2005
  • Regarding Indigent Defense Litigation and Reform Funding for Fiscal Years 2006-2008

    NACDL makes the commitment to provide up to $120,000 for systemic IDLR during the period of Fiscal Year 2006 through Fiscal Year 2008.

    The NACDL will budget the sum of $40,000 as a line item for IDLR for each of Fiscal Year 2006, Fiscal Year 2007, and Fiscal Year 2008. ...............

  • Applauding New York State Bar Association

    NACDL applauds the work of the New York State Bar Association and urges that the New York State Bar Association continue to support indigent defense reform efforts in New York.

  • Calling for Recognition of Judicial Independence

    NACDL is deeply concerned that the statements by House Majority Leader DeLay and Senator Cornyn threaten the independence and integrity of the judiciary, which is essential to the liberty of every citizen, ............

  • Regarding Edward Caraballo

    The National Association of Criminal Defense Lawyers Resolves to:

    1. Call upon the Government of the United States to renew its commitment to preserve and protect the rights of all individuals to fair and transparent trials with the safeguards embodied in the language and spirit of the United States Constitution, its Bill of Rights and international covenants and treaties inspired by the United States Constitution and its Bill of Rights. ............

  • Calling for Just and Fair Sentencing Laws

     In light of the decisions of the Supreme Court of the United States in United States v. Booker, 543 U.S. __ , 125 S. Ct. 738 (Jan. 12, 2005), the National Association of Criminal Defense Lawyers urges the Congress of the United States to take the following steps to assure that federal sentencing practices, in compliance with all constitutional requirements, are just and fair and effectuate the goals of sentencing set forth in the Sentencing Reform Act of 1984: ..........

  • On Extending Member Services to Public Defenders in the State of Georgia for One Year

    NACDL extend Member Services to all Public Defenders employed by the State of Georgia, and that such Public Defenders shall enjoy all rights and privileges enjoyed by NACDL’s Associate Members, and that GPDSC’s office managers in its 49 statewide offices each receive a copy of The Champion magazine every month;

    BE IT FURTHER RESOLVED, that NACDL shall accept a fee of $30,000.00 from GPDSC for this purpose; ......

• 2004
  • Regarding the Federal Sentencing System

    National Association of Criminal Defense Lawyers takes the position that the Federal Sentencing Guidelines violate the 6th Amendment jury-trial guarantee and the 5th Amendment due process right to proof beyond a reasonable doubt, as enunciated in Apprendi v. New Jersey and Blakely v. Washington, and this position will be reflected in amicus curiae briefs filed on behalf of the Association; ............

  • Demanding that "60 Minutes" Correct its Segment on Judge Charles Pickering, Sr.'s Nomination

    NACDL demands that “60 Minutes” correct the record by presenting another segment that fully airs and devotes time to a complete exposition of Judge Pickering’s record and offers time for a rebuttal of the claims presented in the March 28 broadcast.

  • Regarding Statutes of Limitations

    National Association of Criminal Defense Lawyers opposes the abolition and extension of statutes of limitations.

  • Opposing the Use of John Doe DNA Warrants & Indcitments

    National Association of Criminal Defense Lawyers opposes the use of John Doe DNA warrants or indictments because those charged in such a manner could be seriously hampered in their ability to mount an effective defense.

  • Opposing the Expansion of DNA Databases

    National Association of Criminal Defense Lawyers opposes the creation of a population-wide DNA database and the use of DNA dragnets;

    National Association of Criminal Defense Lawyers opposes the expansion of DNA database laws to require inclusion of DNA profiles from individuals convicted of misdemeanors, juvenile offenders, and arrestees..........

  • Adopting the VIDC Standards of Justice

    NACDL adopts the Virginia Indigent Defense Coalition's Standards of Justice.

  • Supporting Responses to State Failure of Right-to-Counsel Obligation

    The National Association of Criminal Defense Lawyers (NACDL):

    1. Recognizes that it is a constitutionally mandated state obligation to fully fund any and all programs necessary to promulgate the effective assistance of the right to counsel consistent with the dictates of Gideon v. Wainwright. .....

• 2003
  • Regarding Participation in Military Tribunals

    NACDL deems it unethical for a criminal defense lawyer to represent a person accused before these military commissions under the conditions currently imposed upon defense counsel; ..........

  • Adopting ABA Guidelines for Defense Counsel in Death Penalty Cases

    NACDL adopts the newly revised 2003 ABA model standards for representation in capital cases.

  • Regarding the Attorney-Client Privilege

    National Association of Criminal Defense Lawyers recognizes that the attorney-client privilege and the work product doctrine – whether invoked by a corporation or an individual – are essential to the due administration of our criminal justice system; ...........

• 2002
  • Opposing Transfer of Children to Adult Court

    National Association of Criminal Defense Lawyers opposes the prosecution of children offenders as adults and supports state legislation that prohibits the automatic and/or non-judicial transfer of children offenders to adult criminal courts.

  • Regarding Enemy Combatants

    National Association of Criminal Defense Lawyers opposes the classification of any detainee as an Aenemy combatant without a proper, legally cognizable definition or description of such a detainee's status and rights under law; .........

  • Proposal for Granting Honorary Life Membership to Tian Wen Chang, Attorney at Law

    Tian Wen Chang has paved the way for a generation of criminal defense lawyers in establishing the criminal defense bar in the People's Republic of China, a group of men and women whose ideals and goals are shared by the Members of the National Association of Criminal Defense Lawyers.

  • On Voting Rights for Felons

    National Association of Criminal Defense Lawyers supports the repeal of all state felony disenfranchisement laws, and the passage of national legislation which would abolish voting restrictions in federal elections. 

  • Supporting Reform of Prison Telephone Systems

    NACDL supports reform of prison telephone systems.

  • Appointing Committee Members

    Michael D. Pancer and David Z. Chesnoff are appointed to form a committee to collect information with respect to these cases and to make recommendations to the National Association of Criminal Defense Lawyers as to solutions to this horrible situation.

  • Supporting Mandatory Videotaping of Interrogation

    National Association of Criminal Defense Lawyers supports the videotaping of law enforcement interrogations from beginning to end and calls upon Congress and the state legislatures to pass legislation mandating this practice.

  • Opposing the Eviction of Innocent Tenants from Public Housings

    National Association of Criminal Defense Lawyers opposes the “one strike” public housing eviction policy and calls upon Congress to amend the law to prevent local public housing authorities from evicting innocent tenants.

  • Approving Proposed Amendments to the Bylaws

    NACDL Bylaws Committee Chair Richard Cremer submitted to the Board of Directors these proposed amendments to the Bylaws. The Board voted to approve the proposed amendments. Proposed amended language appears in bold italics.

  • On Opposing Implementation of the Procedures for 9/11 Military Commissions

    NACDL opposes implementation of the procedures promulgated by the Secretary of Defense for these commissions; ........

  • Revising the FY2002 Budget

    The Board of Directors approves a $15 dues increase across the board with exception given to Life, Sustaining, and President’s Club Members beginning March 1, 2002, as a means to provide 
    a short term solution to bridge the forecasted budget deficits over the next 18 months, providing the Executive Committee time to study the membership structure and provide a viable long term solution to the Board to increase membership and non-dues revenue.

  • Calling for United States Ratification of and Participation in the International Criminal Court

    NACDL supports the formation of the permanent International Criminal Court (ICC) and urges the United States to immediately ratify the Rome Statute of the International Criminal Court. 

  • Defining Net Assets and Clarifying Spending Policy

    The Board of Directors reaffirms the policy to contribute any amount up to 1.5% of the previous Fiscal Year's gross revenue to a designated separate account, but only in those Fiscal Years in which there is total net revenue.

  • Authorizing the IDC to Employ Litigation and Other Reform Strategies

    the Indigent Defense Committee may employ litigation and other reform strategies for improving the quality of the indigent defense systems in the state of Louisiana and in Wayne County, Michigan.

  • Committing NACDL's Support in Furthering Indigent Defense Systems

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

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

  • Creating an International Membership

    International membership shall be available to attorneys of professional competence, integrity, and good moral character.

  • Authorizing the NACDL to Enter Into a Relationship with Merrill Lynch

    National Association of Criminal Defense Lawyers select and appoint Michael Graham.

• 2001
  • Authorizing Measures to Advance the Education and Training of Chinese Defense Lawyers

    The International Affairs Committee shall explore contacts, initiated through, and perhaps funded by, the Ford Foundation, in China. These contacts should focus on fact-finding with respect to the Chinese criminal justice system, and especially the role of defense lawyers and defendants. .........

  • Opposing Rules that would Permit Jurors to Discuss Evidence during Criminal Trial

    NACDL, in accord with its affiliate, the Arizona Attorneys for Criminal Justice, opposes an amendment to Rule 19.4, Arizona Rules of Criminal Procedure, which would permit jurors to discuss the evidence prior to the completion of trial.

  • Authorizing a Budget Amendment to Forego the Annual 1.5% Allocation Towards Reserve Account

    The Board mandated allocation to reserve 1.5% of last year's revenues will not be funded for fiscal year 2002, and the budget shall be amended to reflect this exemption.

  • Concerning Malpractice Insurance

    That the Board of Directors of the NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS authorizes that the national office obtain quotes and purchase a policy of malpractice insurance to cover the volunteer lawyers who act on behalf of the Ethics, Indigent Defense and Lawyers Assistance Committees at an annual premium not to exceed $2000.00 per year.

  • Condemning the U.S. Government's Participation in Downed Peruvian Airplane

    the Board of Directors of the National Association of Criminal Defense Lawyers condemns participation by the government of the United States in activity designed to kill persons, of any ethnicity or citizenry, or bring about substantial risk of their death, for suspicion of any offense, capital or non-capital, without benefit of trial or any other due process right.

  • Establishing the Champion of Indigent Defense Award

    National Association of Criminal Defense Lawyers creates an Indigent Defense Award Subcommittee to determine a recipient that could be conferred according to the guidelines approved by the Indigent Defense Committee.

  • Calling for an Investigation of the Oklahome City Police Department Forensic Laboratory

    National Association of Criminal Defense Lawyers calls for a fully funded, independent investigation of the Oklahoma City police department forensic laboratory and the conduct of Joyce Gilchrist as a forensic scientist and her sworn testimony as a prosection witness, and .....

• 2000
  • Calling for an End to the Use of Fusarium to Destroy Coca Plants

    National Association of Criminal Defense Lawyers, which is the pre-eminent organization of criminal lawyers with over 10,000 members, condemns the use of Fusarium to eradicate the coca plant in Colombia and calls for an end to the United State’s role in supplying money, training and weapons (including biological weapons) to assist the Colombian military, police and right-wing paramilitary groups to make war and genocide on its own people.

  • Calling for an End to the War on Drugs

    National Association of Criminal Defense Lawyers, the pre-eminent organization of criminal defense lawyers whose membership numbers more than 10,000, calls upon federal and state governments to: ...........

  • Underwriting up to $25,000 Proposed Indigent Defense Litigation in Virginia

    National Association of Criminal Defense Lawyers endorses, supports, and agrees to underwrite up to $25,000 the proposed indigent defense litigation in Virginia.

    Director John Zwerling is the coordinator for the National Association of Criminal Defense Lawyers for the purposes of this litigation.

  • Authorizing the Executive Committee to Make CLE Programs Available via the Internet

    the Board authorizes the Executive Committee to negotiate and enter a contract to provide such services, and requests that the Executive Committee accomplish this task by the end of 2000.

    The Board requests that the President appoint a committee of Board members and officers to explore available internet technology vendors and to make a recommendation to the Executive Committee.

    And further, that each speaker at an NACDL CLE may decline to permit his or her presentation to be available on the internet. 

  • Urging the Bureau of Prisons to Eliminate Disqualification of Aliens from the Section 362(e)

    The BOP should amend its rules to eliminate any categorical disqualification of alien federal prisoners from the Section 3621(e) incentive.

  • Supporting Passage of Oregan Ballot Measure 94

    National Association of Criminal Defense Lawyers endorses the passage of Ballot Measure 94 (2000) in Oregon.

  • Calling for a Moratorium on and Abolition of the Death Penalty

    NACDL supports all efforts to preserve human life by way of a moratorium on executions, and renews its call for abolition of the death penalty. 

• 1999
  • Creating the Indigent Defense Coordinator Position

    The Indigent Defense Committee accepts its responsibility for defining and shaping the particular duties of the Indigent Defense Coordinator, regularly evaluating performance of the Indigent Defense Coordinator and having a close working relationship. 

  • Stating NACDL's Intent to Ensure Representation on the Federal Courts Rules Committee

    NACDL through its liaison committee with the Department of Justice and its liaison with the federal courts, make every effort to insure that the NACDL is represented on this important body.

  • Earmarking Jeralyn Merritt's Contribution for Death Penalty CLE Scholarships

    The $6,250 be deposited in the NACDL Foundation bank account to be used exclusively to award need-based scholarships for NACDL Members to attend approved death penalty CLEs.

  • On Authorizing and Directing NACDL's Executive Leadership

    Make It a Priority to Seek Inclusion of NACDL Representation on the Judicial Conference of the United States Advisory Committee on Criminal Rules

  • Concerning Execution of Manny Babbitt

    The National Association of Criminal Defense Lawyers decries Gov. Davis' denial of clemency for Manny Babbitt.

  • Approving Sending of a Letter to Janet Reno Regarding the Soriano Ruling

    NACDL send the following letter to the Attorney General, urging her to

    (1) Immediately adopt the Second Circuit standard nationwide by allowing otherwise eligible immigrants whose immigration cases were pending when AEDPA was enacted on April 24, 1996 to be considered for Section 212(c) relief; and

    (2) Withdraw the Soriano ruling and reissue a decision that rejects retroactive elimination of Section 212(c) and preserves waiver eligibility in cases where the underlying criminal offense occurred before AEDPA was signed into law on April 24, 1996.

  • On Federal Hate Crimes Legislation

    National Association for Criminal Defense Lawyers takes the position that it cannot support HCPA as focused; and,

    NACDL call upon the federal government to draft legislation which would empower federal authorities to investigate the bias of state and federal law enforcement, to ensure fairness in decisions about what crimes to prosecute and to guarantee the unbiased treatment of the accused.

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