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Showing 1 - 15 of 159 results

    • Brief

    Wisconsin v. Lee

    Nonparty Brief of National Association of Criminal Defense Lawyers.


    Argument: NACDL’s amicus brief argues that lengthy delays in the appointment of counsel unconstitutionally prejudice the accused’s ability to mount a defense.  Failing to appoint counsel promptly hinders opportunities for pretrial release.  Delaying the appointment of counsel prevents early investigation and evidence gathering.  Failing to appoint counsel promptly also delays critical counseling and negotiations. 
    • Document

    Letter to VA State Crime Commission Chairs on Statewide Counsel at First Appearance (November 2021)

    Coalition letter to the chairs of the Virginia State Crime Commission regarding the need to implement statewide counsel at first appearance and support public defense systems to ensure its effectiveness.
    • Document

    Letter to VA State Crime Commission on Statewide Counsel at First Appearance (November 2021)

    NACDL letter to the Virginia State Crime Commission regarding the need to implement statewide counsel at first appearance and support public defense systems to ensure its effectiveness.
    • Champion Article

    Perspective: There Should Be a Right to Appointed Counsel for Indigent Persons

    Facing Imprisonment in Tribal Courts

    An indigent Native American who is charged in tribal court, facing a year in jail, with all the consequences of confinement — loss of employment, etc. — is not entitled to appointed counsel, only counsel at his or her own expense if the possible punishment is a year or less. Tova Indritz argues that there should be a right to appointed counsel for any indigent person facing imprisonment anywhere in the United States, including in tribal courts.
    • Document

    Comments to AG Garland on the Right to Counsel in Criminal Cases in Tribal Courts (June 2021)

    NACDL President Chris Adams’ comments to Attorney General Merrick Garland regarding the need for public defenders and appointed counsel for people facing incarceration in tribal courts, for consideration by the Legal Aid Interagency Roundtable.
    • Document

    Comments to DOJ on Federal Review of State Capital Post-Conviction Cases (March 2012)

    NACDL President Lisa Wayne's comments to the Department of Justice Office of Legal Policy regarding a proposed rule that would allow states to limit federal review of capital post-conviction cases.
    • Document

    Comments to DOJ on Proposed Regulations in Capital Cases (September 2007)

    Comments to the Department of Justice Office of Justice Programs regarding proposed regulations in capital cases to address competent and well-funded counsel, post-conviction review, wrongful conviction, and racial disparity issues.
    • Landing Page

    Right to Counsel

    Criminal defendants have a Sixth Amendment right to counsel and that right is guaranteed regardless of the defendant's ability to pay.

    “Of all the rights than an accused person has, the right to be represented by counsel is by far the most pervasive, for it affects his ability to assert any other rights he may have.” United States v. Cronic, 466 U.S. 648 (1984). 

    • Document

    Letter to Senator Booker on the Need to Fund and Support Public Defense Services (July 2016)

    NACDL President Gerry Morris's letter to Senator Cory Booker regarding the need for federal funding and support for public defense services, as proposed in the Equal Justice Under Law Act of 2016 (S. 3144).
    • Document

    Letter to Rep. Sensenbrenner on Public Defense Representation in Capital Cases (March 2003)

    NACDL President Lawrence Goldman's letter to House Judiciary Committee chair Representative Jim Sensenbrenner regarding the Innocence Protection Act of 2001 (H.R. 912).
    • Document

    Letter to Rep. Maloney on the Need to Fund and Support Public Defense Services (February 2017)

    NACDL President Barry Pollack's letter to Representative Sean Patrick Maloney regarding the need for federal funding and support for public defense services, as proposed in the Equal Justice Under Law Act of 2017 (H.R. 968).
    • Document

    Letter to Senator Booker on the Need to Fund and Support Public Defense Services (February 2017)

    NACDL President Barry Pollack's letter to Senator Cory Booker regarding the need for federal funding and support for public defense services, as proposed in the Equal Justice Under Law Act of 2017 (S. 328).
    • Document

    Letter to House Appropriations on Federal Grant Funding for Public Defense Initiatives (May 2016)

    Coalition letter to the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies regarding President Barack Obama's request to include in the 2017 federal appropriations bill grant funding for public defense services and support, to continue the "Answering Gideon's Call" initiative.
    • Document

    Letter to NY State Legislature on Proposals to Fully Implement Appellate Rights (May 2021)

    NACDL President Chris Adams' letter to the New York state legislature regarding proposals to truly implement review of excessive sentences, suppression rulings, and streamlining the assignment of counsel in appeals as outlined in A5687/S1280, A5688/S1281, and A5689/S1279, respectively (2021).
    • Content Page

    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. ............