NACDL is pleased to submit our comments with respect to the proposed changes to Federal Rule of Evidence 609(a)(1). … Our members have substantial experience with the challenges created by Rule 609 and have submitted amicus briefs before the Oregon Supreme Court and Supreme Court of the State of Washington related to the state counterparts of Rule 609’s impact on the people in each jurisdiction. In line with our dedication to advancing the proper, efficient, and just administration of justice, we would like to offer the following comments on the proposed change to Rule 609(a)(1).

On behalf of NACDL, we write to address the need to amend Rule 17 of the Federal Rules of Criminal Procedure to allow the parties to issue subpoenas for documents and tangible items to third parties without leave of Court. … The current Rule 17 is ambiguous in critical respects, leading to disparate application that threatens the ability of defense counsel to adequately investigate, develop, and present available defenses, and thus to provide the level of assistance required by the Constitution.

With one suggestion for improvement, NACDL supports the proposed amendments to Fed.R.App.P. 35 and 40, which would consolidate and clarify the procedures governing petitions for panel or en banc rehearing, as well as petitions for initial en banc consideration.

The National Association of Criminal Defense Lawyers is pleased to submit our comments on the proposed amendments to Rules 611, 613, 804 and 1006 of the Federal Rules of Evidence.

I write to you … on behalf of NACDL and the undersigned [leaders] of 26 affiliate associations from 25 states and the Commonwealth of Puerto Rico. Our members include thousands of attorneys who … believe that access to qualified and properly-resourced counsel is essential to safeguard the rights of the indigent accused. We write to convey our profound concern about the impact of funding cuts on federal indigent defense services, specifically their impact on the thousands of accused persons who depend upon appointed counsel to secure their Sixth Amendment rights.

Comments on rules & regulations and letters submitted to the Judicial Conference of the U.S. on behalf of NACDL

Follow-up letter to the Committee on Rules of Practice and Procedure Advisory Committee on Civil Rules regarding the Civil Asset Forfeiture Reform Act of 2000.

Letter to the U.S. Courts Committee on Rules of Practice and Procedure Advisory Committee on Civil Rules regarding the Civil Asset Forfeiture Reform Act of 2000.

Comments to the U.S. Courts Administrative Office on the consequences of allowing public access to electronic criminal case files.

The National Association of Criminal Defense Lawyers is pleased to submit our comments with respect to the proposed changes in the Federal Rules of Criminal Procedure.

The National Association of Criminal Defense Lawyers is pleased to submit our comments with respect to the proposed changes in the Federal Rules of Evidence.

Criminal Local Rule 32.1.8 creates special provisions governing the submission of motions for departure under U.S.S.G. § 5K1.1 and related written material. NACDL members often represent cooperating witnesses who may want the details of their “substantial assistance” kept out of the public eye, but our members also often represent the defendants against whom “cooperators” testify, and who therefore have an interest in disclosure of and readier access to such information. …we do believe that our following comments are even-handed and fair-minded, not a case of special pleading.

NACDL encourages the Advisory Committee on Appellate Rules to give serious consideration to the suggestion on your April 2016 agenda to extend to 30 days from the present 14 the time for filing a defendant's notice of appeal in a federal criminal case. (This period is measured not from the date of sentencing but from the date when the written judgment is entered on the docket, which might be the sentencing day but is often anywhere from a day or two to a few weeks later.) There are many reasons why this idea has merit beyond those noted in the Reporter's memorandum.

We write this letter on behalf of the National Association of Criminal Defense Lawyers (NACDL) and the American Civil Liberties Union (ACLU) in order to comment on the ad hoc committee's Proposed Disclosure Rule, which was published in the Washington Law Reporter on January 29, 2016. As we discuss below, we applaud the Committee for its efforts, we support the proposed changes as filling a void in the existing rules, and we suggest additional ways in which the Proposed Disclosure Rule could be further improved. 

On behalf of NACDL and its Federal Indigent Task Force, I write to express appreciation to you and the entire Ad Hoc Committee for the opportunity to appear before you at the hearing in Santa Fe and to provide this supplemental submission. … A fundamental recommendation in NACDL’s report on federal public defense was a call for a comprehensive review of the CJA program. The Ad Hoc Committee has conducted such a review, and NACDL commends the Committee for its impressive efforts in soliciting broad input and for the transparency of the hearings and process.