Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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Critical to representing juvenile clients is developing an understanding that although juveniles are in the adult system, they are not simply miniature adults and there are many unique challenges to their representation. The session will help defenders become familiar with developmental features of adolescence that may impact communication with the youth client. Additionally, defenders will learn strategies to accommodate, enhance or overcome developmental barriers to successful communication and interviewing.
On March 8th, 2021, NACDL's Corrections Committee released an important new online resource, “The State of Prison & Jail Communication Systems,” as well as a separate manual, “How to Navigate the Federal Prison System.” Given the ongoing COVID-19 pandemic, both the online interactive map and guide are especially crucial and timely resources for attorneys, family members of incarcerated individuals, and the public.
In this webinar, we address the ethical implications of government surveillance and client communications. Defense lawyers regularly use phone calls, texts and emails to communicate with clients, investigators, witnesses and others associated with their cases. Many of these communications are privileged, yet government surveillance programs can capture and store them. We explore how this happens, and how defense lawyers can keep their communications out of government hands.
What are a criminal defense attorney’s duties to the client when the attorney learns that jail or prison communications between the attorney and client are subject to official monitoring?
Back on November 4, 2022, NACDL’s then President Nellie L. King wrote to Director Peters to amplify the association’s call for (1) permitting privileged and unmonitored email communications between attorneys and clients in both pretrial and post-conviction settings and (2) for a “help desk” to facilitate scheduling of privileged attorney-client telephone calls.
We have seen the DOJ Advisory Group’s July 20, 2023, Report and Recommendations... In general, we think many of the recommendations are sensible. But some of them are troubling.
On behalf of NACDL, I urge you to pass the bipartisan Effective Assistance of Counsel in the Digital Era Act, H.R. 546/S. 3524, before the 117th Congress adjourns. The bill ensures that email communications between people in Federal Bureau of Prisons custody and their legal teams are protected with the same privilege as legal visits, letters, and phone calls. This legislation passed in the House with overwhelming bipartisan support in a 414-11 vote. The action by the House and bipartisan sponsorship for the Senate bill indicates a high level of support for this common-sense reform.
In February 2020, the NACDL Corrections and Public Defense Committees asked NACDL membership about how it communicated with clients in custody. The survey focused particularly on lawyers’ ability to communicate with their detained and incarcerated clients. We focus here on findings regarding confidentiality, a key requirement of attorney-client communication.
Comments to the Judicial Conference of the United States Practice & Procedure Committee regarding a proposed amendment to define how federal courts should navigate an emergency suspension of rules (new Criminal Rule 62), such as those posed by COVID-19 and directed by the CARES Act (H.R. 748, 2020).
Attorney-client communications federal caselaw and state-specific anecdotal data in New Hampshire
Attorney-client communications federal caselaw and state-specific anecdotal data in Guam
Attorney-client communications federal caselaw and state-specific anecdotal data in New Jersey
Attorney-client communications federal caselaw and state-specific anecdotal data in Vermont
Attorney-client communications federal caselaw and state-specific anecdotal data in Wyoming
Attorney-client communications federal caselaw and state-specific anecdotal data in Wisconsin