Nominating Committee seeks applications

by Edward Mallett
Special to NACDL News

How do I get to be an officer or selected for the Board of Directors? The question is easily answered, as follows: by nomination of the Nominating Committee or by petition. What follows is a summary of the procedures spelled out in our Bylaws, which are found in the NACDL Member Handbook, and deadlines for this year’s nominating process.

The Nominating Committee was appointed by the President Elect, E.E. "Bo" Edwards (Nashville). The members are from each federal judicial circuit, and include: 1st Circuit, Andew Good, Boston; 2nd, Yasmin Cader, New York; 3rd, George Newman, Philadelphia; 4th, Nina Ginsberg, Alexandria; 5th, Ed Mallett, Houston; 6th, Bill Massey, Memphis; 7th, Deja Vishny, Milwaukee; 8th, Bill James, Little Rock; 9th Rick Troberman, Seattle; 10th, Randi McGinn, Albuquerque; 11th Howard Srebnick, Miami; District of Columbia, Hank Asbill.

The Nominating Committee proposes a slate of candidates, which will be announced at the spring meeting at the Marriott Marquis Times Square in New York City on May 3, 2003. The Bylaws offer little guidance as to the mechanics of arriving at this slate, but by tradition a deadline is set by which Association members with voting rights (all but honorary, associate, and emeritus members) can submit themselves or any other eligible member for consideration. The most common scenario, historically, is for members to submit themselves for consideration.

The best way to receive full consideration by the Nominating Committee is to submit a resume and statement of service to NACDL with the nomination itself, but this is not required, and in fact the Committee can draft nominees for the slate who have not been formally suggested by themselves or by others.

The Committee will endeavor to assure geographic diversity and to recognize varied areas of professional concentration and every other sort of relevant diversity we can think of. Our slate is intended to represent our opinion of what's best for the Association and is not a comment on the abilities or reputation of any particular member.

As chair, I believe the Committee should look for good lawyers, as vague as that term may be, because we want people who are known and justifiably respected in the community where each lives and works, for doing a good job for their clients.

We also want lawyers whose professional history shows a commitment to the principles incorporated in the NACDL Mission: "Ensure justice and due process for persons accused of crime; Foster the integrity, independence and expertise of the criminal defense profession; and Promote the proper and fair administration of criminal justice."

Finally, we want lawyers who genuinely wish to be on the Board and are willing to make the sizable contribution of time, imagination and labor expected of an officer or Board member. For that reason, we encourage members to submit a detailed statement of interest and all the available information regarding NACDL and professional activities about themselves for our review. You know, if your partner or your colleague writes us recommending you, and that's all we have, maybe you don't really want to be nominated and if elected you might not do the job.

What specific qualifications are most likely to catch our attention? The list is fairly obvious: attendance at seminars and Board, membership, and committee meetings; writing briefs for the Amicus Curiae Committee; representing members on behalf of the Lawyers Assistance Strike Force; teaching lawyers at seminars and on law school faculties; fielding media inquiries on NACDL’s behalf; work within the “death penalty community;” leadership within state and local affiliate organizations and other criminal justice-related bar groups (most Board members have been president of an affiliate); National Criminal Defense College attendance and teaching; and so on. You know, showing that you can “talk the talk and walk the walk.”

To be considered by the Nominating Committee, materials must be sent to the NACDL office in Washington on or before April 16, 2003. On April 18 the submissions will be reproduced and distributed to the Committee. The Committee members have discretion to conduct discreet inquiries for peer review and will study the possible candidates. On May 2, at about 9 a.m., we will discuss the candidates in closed session. We may invite certain past presidents, officers or, well, anyone we wish, to briefly appear, but our deliberations will be closed and confidential. When we have a "verdict," we'll hand in our notebooks for destruction and adjourn. Our report will be posted as soon as possible.

After the Nominating Committee selects a slate of nominees (by tradition one for each open position), any member can challenge, or run against, the Committee’s nominee (or in the case of the Board, nominees), by submitting a petition signed by at least 30 members who are qualified to vote and including at least 10 from the candidate's federal judicial circuit.

At the Saturday Board of Directors meeting in New York on May 3, fill-in-the-blanks forms for petition candidacies will be available, and after that from the NACDL office (call (202)872-8600x232, or e-mail viviana@nacdl.org). All candidates are responsible for meeting the June 6 deadline for filing of petitions. Photos and statements of qualifications are due on June 13. Ballots, which will reproduce the statements of qualifications and photographs of all candidates (those nominated by the Committee and those who petition), will be mailed to all eligible members on June 27 and must be returned, to be counted, by July 18. As a professional courtesy, the candidates are informally notified of the results after the ballots have been counted but before the results are made public.

If you have any questions, I recommend that you read the applicable Bylaws, which begin at page 209 of the 2003 Member Handbook, and use common sense. Please do not lobby the Nominating Committee members. We look forward to your participation in this year’s process.


National Association of Criminal Defense Lawyers (NACDL)
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(202) 872-8600 • Fax (202) 872-8690 • assist@nacdl.org