When the Government Becomes a Lawbreaker -- Washington,
DC (December 21, 2005) – Contrary to the White House’s assertions, neither Congress nor
the Supreme Court has ever explicitly given the Executive Branch a green
light to conduct domestic electronic eavesdropping without a warrant in
“national security” matters. The 2001 authorization to use force against the perpetrators of
September 11 did not give the President any express or implied power to
order the National Security Agency, a Defense Department signal
intelligence agency, to eavesdrop on citizens and intercept their
private telephone conversations and e-mail. Domestic clandestine
surveillance is not a role for the military in a free society. It is
contrary to established law, the Constitution, and our way of life. More
Criminal Defense Lawyers Support Cameras in Court with Consent of Parties -- Washington,
DC (November 9, 2005) – Prof. Barbara Bergman, President of the 13,000-member National
Association of Criminal Defense Lawyers, surprised some members of the
Senate Judiciary Committee today when she expressed the bar
association’s general support for televising federal court proceedings
in many criminal proceedings and in all Supreme Court arguments. But,
she added, there is no general consensus in the criminal defense
community on the overall desirability of cameras in courtrooms. The
public’s right of access – through the electronic media – must always be
weighed against the defendant’s constitutional rights to due process
and a fair trial, she said. More
Nordyke Hired as Katrina Disaster Relief Liaison -- Washington, DC (September 15, 2005) – The National Association of Criminal Defense Lawyers
is pleased to announce the appointment of Keith B. Nordyke, a defense
lawyer in Baton Rouge, La., with outstanding contacts throughout
Louisiana and the Gulf region, as our new Katrina Disaster Relief
Liaison. NACDL hired Keith as a temporary full-time staff lawyer upon
the recommendation of our state affiliate organization, the Louisiana
Association of Criminal Defense Lawyers. Keith will work full-time for
the next several weeks representing the interests of defense lawyers,
their staffs, and families throughout the affected areas as they
struggle to rebuild their practices. More
Lawyers Groups Organize for Katrina Relief -- Washington, DC (September 2, 2005) – National and state bar associations
are rallying to provide hurricane relief to an estimated 5,000 displaced
Gulf Coast lawyers and their families, coordinating offers of housing,
office space, equipment, and support services to help re-establish their
practices and contact with their clients, firms and relatives.
Attorneys and their families may not be able to return to their offices
or homes for weeks, if ever. Despite their own personal difficulties,
attorneys remain legally and ethically bound to continue to represent
their clients. The National Association of Criminal Defense Lawyers
(NACDL) therefore requests that you help the following organizations
disseminate the following URLs and contact information. More
U.S. Rep. Bobby Scott to Be Honored by Criminal Defense Lawyers in Portland Aug. 5 -- Washington,
DC (August 4, 2005) – Congressman Robert C. “Bobby” Scott (D-VA) will be the keynote
speaker at the National Association of Criminal Defense Lawyers’ Annual
Luncheon Aug. 5 where NACDL President Barry Scheck will present him with
the association’s 2005 Champion of Justice Legislative Award.
Congressman Scott is the Ranking Member on the House Subcommittee on
Crime, Terrorism and Homeland Security, a Member of the Subcommittee on
the Constitution, and Co-Chair of the House Democratic Caucus’ Crime and
Drug Task Force. The luncheon will commence at 12:15 p.m. at the
Portland Hilton & Towers, 921 SW Sixth Ave., Portland, Ore. More
Truth in Sentencing? The Gonzales Cases -- Washington, DC (July 7, 2005) – Speaking at the National Center for Victims of Crime
in Washington, D.C. on June 21, Attorney General Alberto Gonzales
sharply criticized federal sentencing practices since the Supreme Court
handed down its opinion in United States v. Booker, 125 S. Ct. 738
(2005) last January.1 The Attorney General expressed concern
that the now-advisory guidelines had resulted in a “drift toward lower
sentences” resulting in the loss of a “critical law enforcement tool.”
He said he would support legislation that would strictly limit judicial
discretion to sentence below the guideline range, but allow judges free
rein to sentence above it. More
Denial of Counsel on Appeal Denies Poor Due Process of Law -- Washington,
DC (June 23, 2005) – The United States Supreme Court today held
unconstitutional a Michigan law that greatly restricted the right to
counsel on appeal for poor people who wish to challenge their sentence
after pleading guilty. The decision in Halbert v. Michigan, No.
03-10198, is an important victory for proponents of a fair criminal
justice system. More
NACDL Urges Louisiana and Michigan to Follow Montana's Example and Pass Indigent Defense Reform -- Washington,
DC (June 8, 2005) – Today, in Helena, Montana, legislators, activists, and
litigators have gathered to celebrate the passage of legislative reform
to overhaul the indigent defense system in that state. The National
Association of Criminal Defense Lawyers calls on Louisiana and Michigan
to follow Montana’s lead and take the necessary steps to ensure that
poor people charged with crimes receive the assistance of competent,
appropriately-resourced lawyers. More
Statement of Barbara E. Bergman on the Supreme Court’s 6-3 medical marijuana decision in Gonzales v. Raich, No. 03-1454 -- Washington,
DC (June 6, 2005) – “If our Constitution means anything, it should mean that the
'war on drugs' cannot be made to be a war on the quality of life of
chronically or terminally ill Americans. Sadly, the federal government
embraces and promotes a constitutional regime that enables federal law
enforcement to enforce policies which add to patients’ pain contrary to
state laws and fundamental notions of federalism. Congress’ power under
the Commerce Clause may be broad, but it should not exercised blindly or
heartlessly to preempt the will of the citizens of the several states.
To paraphrase Justice John Paul Stevens and the majority today, we
sincerely hope that the voices of voters allied with proponents of
compassionate marijuana policies may one day be heard in the halls of
Congress as they are in the statehouses.” More
Lawyers Criticize Secret Patriot Mark-up in Senate -- Washington,
DC (May 18, 2005) – The Senate Intelligence Committee has announced that tomorrow’s
scheduled mark-up of USA-PATRIOT Act amendments will be closed to the
public and the media. More
Chicago Tribune Writers Named ‘Champions of Justice’ -- Washington, DC (February 11, 2005) – The National Association of Criminal Defense Lawyers
will present three investigative reporters for the Chicago Tribune with
Champion of Justice Awards for Distinguished Journalism at the
association’s Midwinter Meeting at the Royal Sonesta Hotel in New
Orleans on Saturday, February 12. The award recognizes outstanding
reporting in print and electronic media advancing public awareness in
criminal justice issues. More
2005-2006 Executive Committee officers and newly elected Board of Directors members sworn in at Annual Meeting -- 2005-2006 Executive Committee officers and newly elected Board of Directors members sworn in at Annual Meeting. More