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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.
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.
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.
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.
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.
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.
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
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, ........
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.
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. ............
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...............
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.
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.
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: ........
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.
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.
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. ....
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. .........
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: ....
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.
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. ............
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: ..........
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; ......
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; ............
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..........
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.
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.
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.
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.
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.
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.
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.
National Association of Criminal Defense Lawyers, whose proud mission it is to ensure justice and due process for persons accused of crime, to foster the integrity, independence, and expertise of the defense bar, and to promote the proper and fair administration of criminal justice, endorses the recommendations and conclusions contained in the Report on the Mission of the United Nations Special Rapporteur on the Independence of Judges and Lawyers, and, in particular; ..............
National Association of Criminal Defense Lawyers, whose proud mission it is to ensure justice and due process for persons accused of crime, to foster the integrity, independence, and expertise of the defense bar, and to promote the proper and fair administration of criminal justice, endorses the recommendations and conclusions contained in the Report on the Mission of the United Nations Special Rapporteur on the Independence of Judges and Lawyers, and, in particular; .........
The National Association of Criminal Defense Lawyers condemns the action of the Whitewater Office of the Independent Counsel, led by Kenneth W. Starr, compelling Susan McDougal to re-appear before a Little Rock, Arkansas, grand jury where it was clear that she was still determined not to give testimony.
National Association of Criminal Defense Lawyers respectfully urges the Congress of the United States to fully fund the Criminal Justice Act, including sufficient money to fund the statutory increase to $75 per hour and annual cost-of-living increases for CJA attorneys, so that the attorneys appointed under the Act receive full and fair compensation. ............
National Association of Criminal Defense Lawyers denounces any such violations of the ethical rules which govern the conduct of all lawyers, and calls upon the Office of the Independent Counsel and all other prosecutors to abide by those ethical rules and to respect the due process rights of all citizens.
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