Legislative Update


	Print or Email This Page April 1999 Legislative Update By *Leslie Hagin* Despite impeachment distractions, ill-considered carryover legislation from the last Congress has already been introduced: e.g., Victims’ Rights Amendment (now S.J. Res. 3); juvenile crime legislation (S. 254 (Republican version) and S.9 (Democrat version)). On the other side of the congressional equation, we remain hopeful that this really will be our Congress for asset forfeiture reform, and, perhaps, grand jury reform too. There is, however, ONE NACDL LEGISLATIVE PRIORITY BETWEEN NOW AND APRIL 21, 1999: saving the new “Ethical Standards for Federal Prosecutors” measure signed into law on October 21, 1998. P.L. No. 105-277, Section 801. See Legislation column (March 1999). Save the Ethical Standards for Federal Prosecutors Act! The effective date of the new law was delayed for 180 days (April 21, 1999) — to give DOJ time to get its policies back into compliance with the fundamental rules of attorney ethics. Instead, DOJ has used the delay to pull out a massive lobbying and public relations campaign to try to get the law repealed before it takes effect. January 15, Senate Judiciary Committee Chairman Orrin Hatch (R-UT) took up the DOJ’s cause with the introduction of a new bill to codify the Thornburgh Memo/Reno Regulation. His bill, S. 250, would repeal the new law. Worse, Sec. 2 (b) of the bill would substitute a congressional authorization for the Justice Department to opt-out its lawyers from any state supreme court rule of ethics, any time the Attorney General decides — in her sole, unreviewable discretion — that a rule of attorney ethics “interferes with” “federal law” or “policy” (e.g., the Thornburgh Memo/Reno Regulation!). Cosponsors of S. 250 are Mike DeWine (R-OH) and Deputy Majority Leader Don Nickles (R-OK). The rumor is that Hatch will try to move his measure to the Senate floor on a “fast track,” perhaps in March. DOJ is applying a lot of pressure on Senators to join Hatch in his effort to repeal the ethical standards law. The task for each and every member of NACDL is to make sure no other Senators ever lend their support to S. 250. Adopt Your Pols Background information and talking points appeared in last month’s Legislation column. This, and other materials, are also available through the main office and on our website(www.nacdl.org.) Make sure your two Senators know to oppose the Hatch effort to repeal the ethical standards law Congress just passed. Senators should be urged especially to block any attempt to move this bill by “fast track” through the Senate. All Senators can be reached at their Washington office through the Senate Switchboard Operator at (202) 224-3121 (just ask to be connected to a particular Senator); and by addressing correspondence to The Honorable (full name), United States Senate, Washington, DC 20510. In addition, alert your Representative to this Senate threat to repeal the measure for which the House voted overwhelmingly, 345-82. Note that supporters of the law in the House include the new Speaker, Dennis Hastert (R-IL), House Judiciary Committee Chairman Henry Hyde (R-IL), and House Minority Leader Richard Gephardt (D-MO). The House should stand firm for its new law to take effect on April 21, as written. All Representatives can be reached through the House Switchboard Operator at (202) 225-3121; and by addressing correspondence to The Honorable (full name), United States House of Representatives, Washington, DC 20515. For maximum impact spread the word. If you have connections with, or a way to access your local Chamber of Commerce or other relevant constituent organizations, businesses, or individuals, share these materials with them. Urge them to join in your call upon legislators to support the new law and oppose any effort to repeal or weaken it. Share this information with your local editorial boards and other local opinion leaders, as well. Remember — with legislators, fellow constituents and local media and opinion leaders: Follow Up, Follow Up, Follow Up! Bottom Line Come April 21, 1999, we will either have “nixed” the Thornburgh Memo/Reno Regula-tion, or we will have lost an extraordinary opportunity to do so. You decide. Which will it be?
	National Association of Criminal Defense Lawyers (NACDL) 1660 L St., NW, 12th Floor, Washington, DC 20036 (202) 872-8600 • Fax (202) 872-8690 • assist@nacdl.org