NACDL News Releases


	Print or Email This Page NACDL News Releases Bar Groups, Law Centers and Faculty Support Right of Poor Persons Accused of Crime to Challenge New York State’s Broken Indigent Defense System -- Washington, DC (February 4, 2010) -- A diverse group of bar associations representing 100,000 lawyers, and law centers and dozens of law professors from all of New York State’s 15 law schools is urging courts to address New York’s broken system for providing legal representation to poor defendants in criminal cases. The group filed a joint amicus curiae, or “friend of the court,” brief in support of plaintiffs in a case who claim that legal services for the poor are constitutionally inadequate to ensure equal justice under law. ....more Statement of the National Association of Criminal Defense Lawyers Regarding the Judge Sharon Keller Disciplinary Inquiry -- San Antonio, TX (January 20, 2010) -- On September 25, 2007, the U.S. Supreme Court announced that it would hear a challenge to the constitutionality of lethal injection in Baze v. Rees, prompting death penalty lawyers all over the country to file for stays of execution pending the high court’s decision in that case. Advised by the Texas Court of Criminal Appeals general counsel that the Texas Defender Service would be filing for a stay in the imminent execution of Michael Richard sometime after the court’s official closing time of 5:00 p.m., Chief Judge Sharon Keller ordered that the clerk’s office be closed at 5:00 and neglected to refer the case to any of the appeals judges in the courthouse, who could have issued an emergency stay. Mr. Richard was executed that evening. As a result, a number of persons and organizations, including the National Association of Criminal Defense Lawyers, filed complaints against Judge Keller with the Texas State Commission on Judicial Conduct, which appointed a Special Master to investigate the matter and make findings of fact. ....more NACDL and The Heritage Foundation Present: "Legislating Chaos: Has Congress Made Playing Hooky a Federal Crime?" -- Washington, DC (December 4, 2009) -- This program will examine prosecutors' interpretation and enforcement of the federal "honest services fraud" statute in anticipation of the Supreme Court's December 8 oral arguments in the highly publicized Weyhrauch and Black appeals. Moderated by Cynthia Hujar Orr, Goldstein, Goldstein & Hilley; panelists include Timothy P. O’Toole, Miller & Chevalier; John D. Cline, Jones Day; Thomas A. Hagemann, Gardere Wynne Sewell. The event will be held Monday, December 7, 2009 from 12:00 - 2:00 PM at the Capitol Visitor's Center in Washington, D.C. ....more NACDL Co-Sponsored Dec. 2 Panel at the Washington Legal Foundation on Honest Services Fraud before the Supreme Court -- Washington, DC (November 24, 2009) -- This program will examine prosecutors' interpretation and enforcement of the federal "honest services fraud" statute in anticipation of the Supreme Court's December 8 oral arguments in the highly publicized Weyhrauch and Black appeals. Panelists include The Honorable Richard Thornburgh, K&L Gates LLP; Brady Dugan, Akin Gump Strauss Hauer & Feld LLP; Jonathan Marcus, Covington & Burling LLP; and Richard Craig Smith, Fulbright & Jaworski LLP. ....more NACDL Statement on Detainee Transfers to US Court -- Washington, DC (November 13, 2009) -- In light of today’s announcement by the White House that the alleged “high value” Guantanamo detainees charged with planning or participating in the 9/11 attack will now be tried in federal court rather than the constitutionally-defective military commission system, Norman L. Reimer, Executive Director of the National Association of Criminal Defense Lawyers, released the following statement. ....more National Association of Criminal Defense Lawyers Releases Preliminary Recommendations on Strengthening Forensic Science -- Washington, DC (November 10, 2009) -- Contrary to media portrayals of forensic science in popular TV shows, forensic science evidence presented in court is often based on speculative research, subjective interpretations and inadequate quality control procedures. Ensuring the scientific integrity of forensic science evidence is essential to preventing wrongful convictions and exonerating the innocent. In support of reform efforts of the forensic science community, the National Association of Criminal Defense Lawyers has released a 12-page preliminary report advocating a “culture of science” in the forensic science community and supporting the establishment of a national resource center for forensic science. ....more NACDL Co-Sponsored Book Event: Three Felonies A Day: How Vague Criminal Laws Allow the Feds to Target the Innocent -- Washington, DC (October 26, 2009) -- The average citizen in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague. In Three Felonies a Day, Harvey Silverglate reveals how federal criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin arguable federal crimes on any one of us, even for the most seemingly innocuous behavior. ....more Drug Courts Endanger Rights, Block Access to Needed Treatment for Drug Users -- Washington, DC (September 29, 2009) -- Drug courts – first created 20 years ago as an emergency response to an epidemic of drug-related criminal cases that clogged courts and prisons – have in many places become an obstacle to making cost-efficient drug abuse therapy available to addicts and reducing criminal case loads, the nation’s largest association of criminal defense attorneys said today. ....more Another Detainee Sues to Stop ‘Renegade’ Commissions -- Washington, DC (September 21, 2009) – The military commissions judge at Guantanamo Bay granted a motion Monday to halt all proceedings in the case against five alleged 9/11 conspirators until the Obama administration decides whether it will transfer the cases to federal court. The administration says it will make that decision by November 16, 2009. The defendants, three of whom represent themselves, chose not to attend the Commission session; the two represented defendants were told that neither they nor their counsel were allowed to be in court, although counsel for Ramzi bin al Shibh attended nonetheless. ....more Suit Requests End to 'Renegade' Commissions -- Washington, DC (September 9, 2009) -- Attorneys for Guantanamo defendant Ramzi Bin al Shibh and the John Adams Project have filed a lawsuit in federal court to halt renegade military commission proceedings at Guantanamo Bay, Cuba. The petition for extraordinary relief filed today asks the Court of Appeals for the D.C. Circuit to enjoin the prosecution of five high value detainees, consistent with President Barack Obama’s Executive Order of January 22, 2009. Defense attorneys are asking the court to assert jurisdiction over the commissions and compel a stop to all proceedings on the grounds that the commissions are unconstitutional and continue to operate without regard for the rule of law. The attorneys hope to shed light on the lawlessness of the military tribunal and force the Obama administration to formally charge the defendants in federal court. ....more San Antonio Attorney Cynthia Hujar Orr Installed as President of National Criminal Defense Bar -- Washington, DC (August 11, 2009) -- Cynthia Hujar Orr of San Antonio, Tex., was sworn in as President of the National Association of Criminal Defense Lawyers at its 51st Annual Meeting in Boston, Mass., on Aug. 8. Orr has served on the Association’s Executive Committee, previously holding the offices of President-Elect, First Vice President, Second Vice President, Secretary, and Treasurer, and as a member of the Board of Directors. She has chaired NACDL’s Membership, Internet, Public Affairs, Death Penalty, and History Committees. She was also a member of the Amicus Curiae and Lawyers Assistance Strike Force Committees. ....more 2009-10 Officers and Newly Elected Board of Directors Members Sworn in at Annual Meeting -- NACDL elected and swore in its new Officers and Board of Directors members at its annual conference in Boston, Mass. on Aug. 8, 2009. NACDL Past President Martin S. Pinales was awarded the 29th annual Robert C. Heeney Memorial Award, NACDL's most prestigious honor. Renowned researcher and advocate Robert L. Spangenberg was awarded the Champion of Indigent Defense Award. U.S. District Court Judge Lewis A. Kaplan (S.D.N.Y.) was awarded the Judicial Recognition Award. ABC journalists Shana Druckerman and Juju Chang were awarded the Champion of Justice Journalism Award. University of Utah second year law student Nicholas C. Mills was awarded first prize in NACDL’s student diversity essay competition. ....more Diverse Coalition Secures House of Representatives Attention on the Issue of Over-Criminalization -- Washington, DC (July 22, 2009) -- NACDL played a key role in a diverse coalition of organizations that worked together to bring about today’s hearing on “Over-criminalization of Conduct and Over-Federalization of Criminal Law” before the U.S. House of Representatives Crime, Terrorism, and Homeland Security Subcommittee (Chairman Scott, D-Va.). The coalition includes the American Bar Association, American Civil Liberties Union, Cato Institute, Constitution Project, Federalist Society, Heritage Foundation, National Association of Criminal Defense Lawyers, and Washington Legal Foundation. ....more Supreme Court: Cross-Examination Crucial to Exposing Junk Science and Bogus 'Experts'-- Washington, DC (June 25, 2009) -- A criminal defendant’s right to confront the witnesses against him includes the right to challenge the testimony of state crime lab technicians through cross-examination of those witnesses, the U.S. Supreme Court held today. The Court held that a state may not submit a drug analysis report in lieu of live testimony by the crime lab technicians over a defendant’s hearsay objection. The case is Melendez-Diaz v. Massachusetts, No. 07-591. The National Association of Criminal Defense Lawyers, along with the National Association of Federal Defenders and the National College for DUI Defense filed a friend-of-the-court brief in the case. ....more Large Political Contributions in Judicial Races Implicate Due Process, Supreme Court Rules -- Washington, DC (June 8, 2009) -- Today’s Supreme Court ruling that due process requires the recusal of an elected judge whenever it appears that the judge has been bought and paid for with campaign contributions by one of the parties before him is a victory for the integrity of the courts, the president of the National Association of Criminal Defense Lawyers said. NACDL President John Wesley Hall, a noted legal ethicist, said in a statement the decision sends a clear message that “judicial electioneering may cross a constitutional line." ....more NACDL President John Wesley Hall Testifies in Congress on National Crisis in Indigent Representation -- Washington, DC (June 5, 2009) -- NACDL President John Wesley Hall testified Thursday, June 4, before the House Judiciary Committee’s Subcommittee on Crime, Terrorism, and Homeland Security’s hearing on “the growing national crisis” in indigent representation. ....more Shana-Tara Regon to Lead NACDL White Collar Crime Policy Office -- Washington, DC (May 27, 2009) -- The National Association of Criminal Defense Lawyers, Norman Reimer, Executive Director, is pleased to announce that attorney Shana-Tara Regon has joined the association’s national office as Director of White Collar Crime Policy. ....more Detainees Must Be Afforded Rights Required By U.S. Constitution and the Uniform Code of Military Justice -- Washington, DC (May 15, 2009) – Numerous press reports indicate that President Obama is prepared to revive the unconstitutional Bush-era military commissions for detainees at Guantanamo Bay, Cuba, many of whom were subject to so-called “enhanced interrogation techniques” and prolonged secret CIA detention. This course of action is simply unacceptable. An announcement providing details of the President’s plan is expected to be made today. ...more N.Y.: Police Need Warrant for GPS Surveillance; Civil Liberties, Religious Groups Applaud Decision-- Washington, DC (May 12, 2009) – Police must obtain a warrant, based upon probable cause to believe criminal activity is afoot, before secretly installing global positioning satellite (GPS) transmitters on private vehicles, New York’s highest court ruled today. The case, People v. Weaver, has profound implications for the privacy rights of individuals and organizations. The National Association of Criminal Defense Lawyers and a diverse group of civil liberties and religious organizations filed a friend-of-the-court brief in the case arguing that persons’ privacy interests in where they go, what they do, and who they meet deserve some measure of protection from government surveillance. ...more U.S. Department of Justice Supports Ending Obscene Disparity in Cocaine Sentencing-- Washington, DC (April 29, 2009) – Assistant United States Attorney General Lanny Breuer today announced that DOJ and the administration support ending the 100:1 sentencing disparity between crack and powder cocaine and equalizing the sentencing regimes. The policy position, declared at a hearing before the Senate Judiciary subcommittee on Crime and Drugs, is the first time the Department of Justice has publicly supported equalization of cocaine sentencing. Currently, Federal drug sentences for possession and sale are based on the weight of the controlled substance. For over two decades, for example, possession of five grams of cocaine base (crack cocaine) has triggered the same mandatory five year sentence as possession of 500 grams of powder cocaine. ...more Taxpayers’ millions down the drain--along with Constitution-- Washington, DC (April 28, 2009) – Nationwide, state and local governments are wasting millions of tax dollars to prosecute petty offenses, creating huge deficits in their budgets and violating the constitutional rights of citizens haled into court. �That is the conclusion of **Minor Crimes, Massive Waste: The Terrible Toll of America’s Broken Misdemeanor Courts, a report released today by the National Association of Criminal Defense Lawyers (NACDL) that comprehensively examines misdemeanor courts across the country.�The report, available online here, recommends that states divert non-violent misdemeanor cases that do not impact public safety to programs that are less costly to taxpayers and repay society through community service or civil fines. ...more Past President William B. Moffitt (1949-2009)*-- Washington, DC* (April 27, 2009) – Past President William B. (Bill) Moffitt passed away Friday morning, April 24. He was 60 years old. Bill had been hospitalized several days ago for breathing difficulties when he slipped into a coma and was placed on life support earlier this week. He never regained consciousness. Bill served as NACDL’s president from 1999 to 2000. He also served as president of the Virginia College of Criminal Defense Lawyers, now the Virginia Association of Criminal Defense Lawyers, a NACDL affiliate organization. He was a member of the bars of Virginia and the District of Columbia, the Alexandria (Va.) Bar Association, the American Board of Criminal Lawyers, and the International Association of Criminal Lawyers. ...more 'GPS' Surveillance Threatens Civil Liberties, Group Says-- Washington, DC (March 23, 2009) – People v. Weaver, which will consider whether a police officer, in his own discretion, may undertake Global Positioning Satellite (GPS) surveillance of individuals without any judicial oversight, is scheduled for oral argument in New York’s highest court on Tuesday, March 24, at 2:00 p.m. A lower court ruled that police have no obligation to obtain permission of a judge prior to undertaking such monitoring. Members of the public have no way of knowing if their movements are subject to electronic surveillance from which there is no legal protection. ...more Houston Attorney Jim E. Lavine elected First Vice President of Nat'l Criminal Defense Bar Assn.-- Washington, DC (March 9, 2009) – Houston attorney Jim E. Lavine was elected First Vice President of the National Association of Criminal Defense Lawyers (NACDL) at the association’s mid-winter meeting in New Orleans, Louisiana, on Feb 28. Mr. Lavine also serves as Chair of the Steering Committee for NACDL’s Capital Campaign and previously served on the Board of Directors of NACDL. In addition, he will continue his service on the Executive Committee as Parliamentarian for NACDL. ...more Supreme Court Vacates Fourth Circuit Opinion on Indefinite Detention-- (March 6, 2009) – The Supreme Court today vacated a Fourth Circuit ruling in the case of al-Marri v. Spagone (08-368) that upheld the president’s authority to indefinitely detain a legal U.S. resident as an “enemy combatant.” The decision is a post-mortem blow to the Bush administration’s claim of plenary executive power and a welcome victory for the basic constitutional guarantee that no person shall be deprived of liberty without due process of law. NACDL filed an amicus brief (pdf) on the merits, arguing that the indefinite detention of a lawful resident as an “enemy combatant” violates the Sixth Amendment and disrupts the criminal justice system and the courts. ...more Heritage, NACDL Again Opposing More Bad Federal Legislation-- Washington, DC (Feb. 26, 2009) – The Heritage Foundation and the National Association of Criminal Defense Lawyers (NACDL) today released a joint letter to the Senate Judiciary Committee opposing the Public Corruption Prosecution Improvements Act (S. 49) as an unnecessary expansion of federal criminal law. ...more National Academy of Sciences Finds 'Serious Deficiencies' in Nation's Crime Labs-- Washington, DC (February 18, 2009)- A much anticipated report by the National Research Council (NRC) of the National Academy of Sciences (NAS) on the state of forensic science in the U.S. and its recommendations to fix a broadly flawed system was released today. Finding an inconsistent system rife with “serious deficiencies,” lacking practitioner and laboratory independence, standards, oversight, and certification, the NRC called today for major reforms, including the establishment of a wholly independent federal agency, the National Institute of Forensic Science (NIFS), to address the manifold problems with the current science and system. ...more Civil Liberties, Religious Groups Seek to Require Warrants for GPS Surveillance-- Washington, DC (February 6, 2009)- A diverse group of civil liberties and religious organizations this week weighed in on the question of whether police need a warrant in order to conduct surveillance of personal vehicles by secretly attaching global positioning satellite (GPS) transmitters. The case, which is scheduled to be heard next month in New York’s highest court, has profound implications for the privacy rights of individuals and organizations. ...more Guantanamo, the Rule of Law, and the Law of Nations-- Washington, DC (January 22, 2009)- The National Association of Criminal Defense Lawyers (NACDL) congratulates President Barack Obama for the courageous executive orders he signed this morning and for his expressed willingness, in his own words, “to restore the standards of due process and core constitutional values” as his administration seeks to bring justice to the U.S. prisoners at Guantanamo Bay, Cuba. ...more Obama Administration Halts Military Commission Trials at Guantanamo-- Washington, DC (January 21, 2009)- In one of his first official acts, President Barack Obama, in the hours after he was sworn in on Jan. 20, 2009, instructed prosecutors in the Military Commission proceedings at the U.S. Naval Base at Guantanamo Bay to seek a 120-day suspension of pending legal proceedings at “Camp Justice.” In light of that Presidential order, the U.S. government filed a motion last night to continue the matter of U.S. v. Khalid Sheikh Mohammed, et al., for 120 days. The motion was granted this morning by the presiding military judge, Col. Stephen R. Henley. In his order, Col. Henley suspended all military commission sessions until May 20, 2009, finding it in the interests of justice to provide the new Administration time to review the process and to decide the proper forum to prosecute the accused. ...more Guantanamo Observers Protest Trial Secrecy-- Washington, DC (January 15, 2009)- The National Association of Criminal Defense Lawyers, on behalf of the John Adams Project, would like to thank the American Bar Association, the American Civil Liberties Union, Human Rights First and Human Rights Watch for their joint friend-of-the-court brief decrying the secrecy curtain that was drawn around the Guantanamo military commission trials in December. Late last month, the military judge issued Protective Order 007 effectively closing the courtroom to all public scrutiny, even treating public information as if it were classified. ...more Closing 'Camp Injustice'-- Washington, DC (January 14, 2009)- “It is a sad fact, ignored or overlooked by many, that most of the [Guantanamo] detainees will never be prosecuted for any crime,” John Wesley Hall, president of the National Association of Criminal Defense Lawyers, writes in this month’s issue of the association’s magazine. “We jailed those innocent people for their purported ‘information.’” Hall argues that the camps ought to be, and can be, emptied immediately and the prisoners sent home to their families “with our deepest apologies.” ...more New Administration May Be Responsible for Guanatanamo Trials-- Guantanamo Bay, Cuba (December 9, 2008)- In what may well have been the last major hearing during the Bush administration in the case against the five “high-value” Guant�namo detainees accused of coordinating the 9/11 attacks, each defendant began the day-long proceeding on Monday by indicating his desire to confess and plead guilty to all charges. But when the court reconvened after lunch, Mr. Mohammed withdrew his request to plea and his co-defendants immediately followed suit due in large measure to lawyers from the John Adams Project. The project is a partnership between the National Association of Criminal Defense Lawyers and the American Civl Liberties Union that sponsors expert civilian capital trial counsel to assist the under-resourced military defense counsel for several Guant�namo detainees. ...more Military and Civilian Attorneys Challenge the Military Commissions Act in Second Round of Guant�namo Pretrial Motions For 9/11 Detainees-- Washington, DC (November 18, 2008)- For the second time this month, a group of more than 30 military and civilian defense lawyers, assembled by the American Civil Liberties Union and National Association of Criminal Defense Lawyers as part of the John Adams Project, filed several pretrial motions in Guant�namo challenging the constitutionality of the military commission prosecutions. The defense is protesting the legality of these ad hoc tribunals, which may rely on coerced confessions and expressly preclude prisoners from invoking the Geneva Conventions. The John Adams Project is a partnership between the ACLU and the NACDL that sponsors expert civilian counsel to assist the under-resourced military defense counsel for several Guant�namo detainees. ...more NACDL Hails Legislative Protection for Inadvertently Produced Privileged Material-- Washington, DC (September 12, 2008)- NACDL commends Congress and the federal judiciary for passage of a modified rule of evidence that will continue to protect the attorney-client privilege in cases where privileged material was inadvertently produced. “The attorney-client privilege is one of the oldest of evidentiary privileges, and it is critical to maintaining fairness in our adversarial system of justice. Citizens need it in order to obtain every day legal advice, and as litigants, to prepare their cases,” NACDL President John Wesley Hall said. “A client will only confide in his counsel if he trusts that his communications will be kept confidential. By providing that an inadvertent production of privileged material does not result in waiver – as long as reasonable steps were taken to prevent the production and to correct the error – clients’ resources can be redirected to their legal defense, rather than costly and unproductive exercises in reviewing and re-reviewing document production.” ...more National Criminal Bar Assn. Files Amicus Brief in Appeal of First Stock Option Backdating Conviction-- Washington, DC (September 12, 2008)- Today, the National Association of Criminal Defense Lawyers (NACDL) filed an amicus, or friend-of-the-court, brief with the U.S. Court of Appeals for the Ninth Circuit in the matter of U.S. v. Gregory L. Reyes, No. 08-10047. The brief was prepared pro bono by the law firm of Mayer Brown LLP and seeks to have the conviction of Gregory Reyes, the former CEO of Brocade Communications Inc., vacated and remanded to the trial court with instructions to acquit or, in the alternative, to conduct a new trial. ...more Excessive Defender Caseloads Violate Right to Counsel-- Washington, DC (September 3, 2008)- The National Association of Criminal Defense Lawyers (NACDL), through its indigent defense project, is concerned about the crisis in indigent defense, in Florida and nationwide. NACDL agrees with the Miami-Dade, FL, circuit court’s assessment that “the caseload of the felony public defenders in the Eleventh Judicial Circuit . . . far exceeds any recognized standard for the maximum number of felony cases a criminal defense attorney should handle annually.” ...more DOJ Agrees: Attorney-Client Privilege Is Good For Business-- Washington, DC (August 28, 2008)- The National Association of Criminal Defense Lawyers (NACDL), a leading member of the Coalition to Preserve the Attorney Client-Privilege, appreciates the Justice Department’s latest policy recognizing the attorney-client privilege. It is, however, “only a policy – not binding on the Department or U.S. Attorneys in the field, and subject to revision or rescission by the attorney general at any time, for any reason, or for no reason at all,” NACDL President John Wesley Hall said today. ...more Michael Price Appointed NACDL National Security Coordinator-- Washington, DC (August 26, 2008)- The latest addition to the National Association of Criminal Defense Lawyers’ professional staff is Michael W. Price, NACDL’s first full-time Coordinator for National Security. A recent graduate of New York University School of Law, Michael will be working in the association’s national office in Washington, D.C., where his chief responsibilities will be serving as project coordinator for the Guantanamo defense teams (the John Adams Project) and guiding NACDL’s efforts to address expansion of government power under the rubric of national security. ...more NACDL President John Wesley Hall Calls Hamdan Case a 'Massive Waste'-- Washington, DC (August 6, 2008)- In light of today’s verdict in the case of United States v. Salim Ahmed Hamdan, President John Wesley Hall of the National Association of Criminal Defense Lawyers offered the following observations: “The Pentagon must be very proud of itself today. It was able to obtain a conviction of arguably the least-culpable among the 80 detainees it intends to prosecute as war criminals. It convicted a truck driver of being guilty of driving a truck.” Hall is a noted criminal defense lawyer and legal ethics expert who defended a war crime prosecution in Sierra Leone. He is also on the List of Counsel at the International Criminal Court in The Hague. ...more Criminal Bar Urges Va. to Notify Convicts of Existence of DNA Evidence in 1973 to 1988 Case Files-- Washington, DC (August 5, 2008)- Virginia’s forensic laboratory system should notify people convicted during the years 1973 to 1988 that biological evidence in their cases has been found in the laboratory’s files that could be suitable for DNA analysis, the Board of Directors of the National Association of Criminal Defense Lawyers (NACDL) said at its Annual Meeting Aug. 2. The meaning of the Virginia legislature’s order to provide exactly that notification, and whether the state should accept the volunteered public service of 200 Virginia lawyers to ensure accurate notification, will be the subject of a public meeting of the Virginia Board of Forensic Science this Wednesday, Aug. 6, in Richmond. The board resolution was adopted unanimously and calls on the state “to proceed without delay to notify each person who was convicted and for whom evidence has been discovered that this evidence exists … and can be tested for DNA.” ...more 2008-09 Officers and Newly Elected Board of Directors Members Sworn in at Annual Meeting-- Milwaukee, WI (July 31, 2008)- NACDL elected and swore in its new Officers and Board of Directors members at its annual conference. Amicus Committee Co-Chair and Stanford Law School Professor Jeffery Fisher was awarded the 28th annual Robert C. Heeney Memorial Award, NACDL's most prestigious honor. Past Presidents James Shellow and Jim Willis were awarded Lifetime Achievement Awards. Marshall J. Hartmann was awarded the Champion of Indigent Defense Award. Eighth Circuit U.S. Court of Appeals Judge Morris S. Arnold was awarded the Judicial Recognition Award. ...more Little Rock Attorney John Wesley Hall to Head National Criminal Defense Bar-- Milwaukee, WI (July 31, 2008)- John Wesley Hall, a Little Rock, Ark., criminal defense attorney, will be sworn in as 50th President of the National Association of Criminal Defense Lawyers (NACDL) August 2 at the Association’s Annual Meeting in Milwaukee. Hall previously served as NACDL's Secretary, Treasurer, Second and First Vice President and President-Elect, as well as a member of the organization’s Board of Directors from 1989-1995 and 1997-2003. ...more Another Guantanamo Prisoner May Face Death Penalty-- Washington, DC (June 30, 2008)- The Defense Department announced today that it will seek the death penalty against Guantanamo prisoner Abd Al-Rahim Hussain Mohammed Al-Nashiri. Al-Nashiri is accused of planning and assisting in the bombing of the U.S.S. Cole in Yemen in October 2000. He has not yet been appointed a military defense lawyer. ...more Controversial Chicago Police Line Up Data to Remain Hidden, Plaintiffs to Appeal-- Chicago, IL (June 30, 2008)- A Cook County Circuit Court granted the National Association of Criminal Defense Lawyers (NACDL) limited access to the data and other materials related to the Chicago Police Department’s controversial report that found that current eyewitness procedures—those that use traditional line ups where all suspects stand in a room together—are more effective than new procedures used in other American cities to reduce errors that can lead to wrongful convictions. ...more Supreme Court Abolished Death Penalty for Non-Capital State Crimes, Reaffirms Confrontation Rights-- Washington, DC (June 25, 2008) - The Supreme Court decided two criminal cases today in favor of the petitioner-defendants. NACDL supported the petitioners in both cases with amicus curiae (“friend of the court”) briefs. In Kennedy v. Louisiana, No. 07-343, the Court decided 5-4 that a Louisiana man’s death sentence for the state crime of raping a child under 12 was disproportionate to his conviction in violation the Eighth Amendment, where the crime did not result, and was not intended to result, in the victim’s death. ...more Supreme Court: Bail Hearing Triggers Right to Lawyer; Unasked, Federal Appeals Court Wrongly Increased Defendant's Sentence-- Washington, DC (June 23, 2008) - The U.S. Supreme Court handed down two clear victories for justice and due process today, deciding that persons accused of a crime have the right to a lawyer at their initial hearing when faced with the possibility of being held on bond, and in another decision, the right not to have an appeals court increase a defendant’s sentence absent an appeal by the prosecution. The National Association of Criminal Defense Lawyers filed amicus curiae (“friend of the court”) briefs in both cases. ...more Rules of Law Rules Again at Guantanamo-- Washington, DC (June 12, 2008) - For the third time, the U.S. Supreme Court has ruled against the Bush Administration’s arguments that federal courts have no jurisdiction over persons deemed “unlawful combatants” by U.S. military forces, at Guantanamo and overseas. “As today’s decisions emphatically make clear, neither Congress nor the Executive Branch can create ‘law-free’ zones, at Guantanamo or anywhere else within the jurisdiction of the United States, where the federal courts cannot inquire into the legality of the detention,” said Carmen D. Hernandez, president of the National Association of Criminal Defense Lawyers (NACDL). “The federal judiciary can now examine the legality of the military detention and commission trial system in its entirety.” ...more Should Shareholders Be Punished for Employees' Actions-- Washington, DC (June 6, 2008) - The National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers and four other nonprofit organizations filed a “friend of the court” brief today asking a federal appeals court to throw out the criminal convictions of a shipping company for a ship’s crew’s failure to maintain proper records of “sludge” and “bilge water” discharges on the high seas. The unlikely coalition argues that the U.S. Court of Appeals for the Second Circuit should reject a 99-year-old ruling that corporations can be found criminally liable for wrongful acts of lower-level employees of which the company’s management and shareholders had no knowledge. ...more Statement of President Carmen D. Hernandez on Guantanamo Arraignments-- Washington, DC (June 5, 2008) - In light of today’s developments at Guantanamo, the National Association of Criminal Defense Lawyers, issued the following statement criticizing the military commission arraignments of Khalid Sheik Mohammed, Ramzi Binalshibh, Amar al-Baluchi, Mustafa Ahmad al-Hawsawi, Waleed bin Attash and Ali Abdul Aziz Ali: “It is regrettable that the accused are attempting to use these makeshift courts to become martyrs. It should not come as a surprise that these men, who have been held for years and subjected to physical and mental abuse, without formal charges and without access to counsel are refusing to participate in the process. This is not American justice,” said Carmen D. Hernandez, NACDL's president. ...more Criminal Defense Bar Condemns Pentagon Policy Permitting Warrantless Computer, E-Mail Searches-- Washington, DC (June 2, 2008) - The Defense Department’s new policy of requiring military defense counsel to consent to warrantless search and seizure of privileged information on their office computers and peripheral devices was condemned by the Executive Committee of the National Association of Criminal Defense Lawyers in a special resolution May 30. The committee is calling on the Secretary of Defense to rescind the directive and revise the policy to prohibit interception and seizure of attorney-client privileged information and attorney work-product, saying that the policy effectively denies military personnel their fundamental right to confidential communications with their lawyers. ...more Supreme Court Narrows "Money Laundering" Law-- Washington, DC (June 2, 2008) - In two opinions today, the Supreme Court significantly pared back the reach and scope of the money-laundering statute (18 U.S.C. �1956) and has in the process reinvigorated an old and glorious defense – the rule of lenity. The Court’s opinions vindicate the criminal defense bar’s long and loud criticisms that money-laundering charges were being “tacked-on” or threatened in order to induce pleas and rack up higher sentences, a lawyer with the National Association of Criminal Defense Lawyers (NACDL) said. ...more Report: Federal Courts Can Handle Terrorism, Unlawful Combatant Cases-- Washington, DC (May 28, 2008) - The U.S. federal court system can effectively handle international terrorism cases without threatening national security or endangering public safety, two former federal prosecutors said today. They made their remarks at a news conference held by Human Rights First, which released a comprehensive analysis of over 120 federal terrorism cases prosecuted over the last 15 years. ...more Sept. 11 Defendants Formally Charged While Civilian Counsel Still Await Clearance-- Washington, DC (May 13, 2008) - The Department of Defense announced today that they have charged and referred for trial five “high value” Guantanamo detainees, who are facing death penalty proceedings before military commissions. Yet death penalty-qualified civilian lawyers from the John Adams Project, a joint effort of the ACLU and the National Association of Criminal Defense Lawyers (NACDL) remain entangled in bureaucratic red tape. ...more The John Adams Project: Representation of Guantanamo ‘High Value’ Detainees-- Washington, DC (April 3, 2008) - NACDL believes that every accused person has the right to competent defense counsel to prepare a defense. This is no less true for the Guantanamo detainees who face prosecution and possible execution by the U.S. government. In light of the government’s stated intention to seek the death penalty against the so-called “high value” detainees, it is critical to America’s international reputation that these individuals have access to defense teams with resources that are at least on par with any other federal capital prosecutions. ...more Press Conference, Hearing: House Committee to Review Cocaine Disparity-- Washington, DC (February 26, 2008) - Representatives of a coalition of citizens, community activists and criminal justice organizations are in Washington to participate in “Crack the Disparity” Lobby Day, which is being held in conjunction with the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security’s cocaine sentencing hearing today. The “Hearing on Cracked Justice – Addressing the Unfairness of Cocaine Sentencing” is scheduled for 2:00 p.m. in Rayburn Building Room 2237. In conjunction with that hearing, members of the National Association of Criminal Defense Lawyers (NACDL) from around the country are flying in to lobby their representatives and senators in favor of pending legislation which would reduce federal penalties for possession of cocaine base (“crack”) and bring them more into line with the penalties for powder cocaine. ...more Criminal Defense Lawyers Urge Congress To Pass Judicial Pay Raise-- Washington, DC (January 14, 2008) - Two years ago, Chief Justice John Roberts Jr. took up his predecessor’s 20-year campaign for better pay for federal judges, calling the lack of adequate judicial compensation “a direct threat to judicial independence.” In his 2007 year-end report, Roberts again made his case for restoring judicial pay “to the same level … that other federal employees have received since 1989.” The National Association of Criminal Defense Lawyers (NACDL) concurred and passed a resolution of support. ...more Moratorium on Executions by the United Nations General Assembly: A Significant Step Towards Universal Abolition of the Death Penalty-- (December 18, 2007) - The National Association of Criminal Defense Lawyers (NACDL) and the Paris Bar (Ordre des Avocats de Paris), members of the World Coalition Against the Death Penalty, welcome the vote by the plenary session of the United Nations General Assembly (UNGA) of the resolution calling for a worldwide moratorium on the use of the death penalty with a view to abolishing the death penalty. ...more Defense Bar President Praises Commission Vote on Retroactivity of Cocaine Base Sentencing Guideline-- Washington, DC (December 11, 2007) - Carmen D. Hernandez, president of the 13,000-member National Association of Criminal Defense Lawyers, issued the following statement praising the decision of the U.S. Sentencing Commission to make the 2007 cocaine base guideline amendment retroactive for all affected federal prisoners: ...more Supreme Court Decisions Affirm Judicial Discretion, 'Advisory' Sentencing Guides-- Washington, DC (December 10, 2007) - In two cases today, the U.S. Supreme Court affirmed its confidence that experienced federal judges have the discretion to craft an appropriate sentence that is “sufficient, but not greater than necessary” to accomplish the goals set forth by Congress in the Sentencing Reform Act of 1984. Today’s cases firmly establish that the federal sentencing guidelines are “advisory” only and that sentences within and outside the guidelines must be “reasonable.” ...more Innocence Network and National Association of Criminal Defense Lawyers Announce Joint Task Force to Review Cases Impacted by Discredited FBI Bullet Analysis-- Washington, DC (November 19, 2007) - The Innocence Network and the National Association of Criminal Defense Lawyers announced today that they are forming a Joint Comparative Bullet Lead Analysis Task Force to ensure that convictions resulting from discredited FBI bullet analysis are properly reviewed. ...more Wyatt 'Embracery' Indictment Dismissed-- Washington, DC (November 14, 2007) - A rare indictment of a criminal defense lawyer on misdemeanor grand jury tampering charges was dismissed today following a short hearing. NACDL member Deborah Wyatt, of Charlottesville, VA, had been under indictment since 2005 on five counts of “embracery,” an ancient common law misdemeanor, because of her efforts to get an Albemarle County grand jury to hear exculpatory evidence she wished to provide on behalf of a client. The indictment was finally unsealed last week. ...more Attorney-Client Privilege Protection Act Passes House-- Washington, DC (November 13, 2007) - The National Association of Criminal Defense Lawyers fully supports H.R. 3013, “The Attorney-Client Privilege Protection Act of 2007, which passed the U.S. House of Representatives Monday afternoon with no serious opposition. NACDL President Carmen D. Hernandez stated, “The attorney-client privilege is our oldest privilege at common law. It has served the public interest well for hundreds of years by ensuring frank and confidential communications between persons and their lawyers in potential civil and criminal matters. The criminal defense bar hopes that the Senate will now pass this legislation without further delay.” ...more PAKISTAN: Thousands of Lawyers Beaten, Detained by Police-- Washington, DC (November 6, 2007) - The Constitution of the United States was ordained by our founders to “establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.” The Preamble to the 1973 Constitution of Pakistan declares that “the independence of the judiciary shall be fully secured" and is “[d]edicated to the preservation of democracy achieved by the unremitting struggle of the people against oppression and tyranny.” Gen. Pervez Musharraf’s “Proclamation of Emergency” holding Pakistan’s constitution “in abeyance” was declared illegal and contrary to the rule of law by a majority of the justices of the supreme court just before their resignations. ...more Statement of Alan Silber, Lawyers Assistance Strike Force Committees for The Virginia Association of Criminal Defense Lawyers and The National Association of Criminal Defense Lawyers-- Washington, DC (November 5, 2007) - Alan Silber, representing the Virginia Association of Criminal Defense Lawyers (VACDL) and the National Association of Criminal Defense Lawyers (NACDL), today issued the following statement in response to the Circuit Court’s unsealing of a misdemeanor indictment alleging that Charlottesville criminal defense lawyer Deborah C. Wyatt violated Virginia common law by informing the grand jury of her availability as a witness on behalf of her client ...more President of UN General Assembly to Receive 5 Million Signatures Calling for Worldwide Moratorium on Executions-- New York City (November 2, 2007) - A call for a moratorium on executions will be presented to the President of the General Assembly of the United Nations, Mr. Srgian Kerim, on Friday, Nov. 2, at 10.30 am. A delegation of the Community of Sant'Egidio and the World Coalition Against the Death Penalty will deliver more than five million signatures collected worldwide on a petition to the General Assembly calling for a global moratorium on executions. ...more World Day Against the Death Penalty-- New York City (October 4, 2007) - On Wednesday 10 October, celebrities and activists will mark the World Day Against the Death Penalty with an important press conference hosted by the World Coalition Against the Death Penalty. Speakers will urge UN member states to vote in favor of the resolution before the General Assembly advocating a global moratorium on executions. ...more ABA Report, Lethal Injection Case, Show Death Penalty System is Fatally Flawed-- Washington, DC (Sep. 26, 2007) – The announcement yesterday by the U.S. Supreme Court that it will review lethal injection protocols and the release Monday of a report from the American Bar Association on Ohio’s death penalty laws and procedures[1] are further reasons why the United States needs to impose an immediate moratorium on all state and federal capital trials and executions, the President of the National Association of Criminal Defense Lawyers said today. Ethics v. Expediency: Public Defender Fined for Refusing to Try Case 2 1/2 Hours after Appointment--Washington, DC (August 27, 2007)-- An Ohio public defender was fined $100 and given a three-day suspended sentence for refusing to go to trial unprepared in a multi-witness assault case the same day he was appointed. Portage County Municipal Court Judge John Plough imposed the sentence on Brian Jones after a three-hour hearing late Friday afternoon. ...more NACDL President Condemns Jailing of Public Defender--Washington, DC (August 17, 2007) -- Carmen Hernandez today condemned the jailing of a public defender who refused to go to trial unprepared. Brian Jones, a public defender in Portage County, Ohio, was arrested for contempt after refusing to begin the misdemeanor assault trial of Jordan Scott. Mr. Scott’s case was assigned to Mr. Jones on Wednesday; the trial was to have begun at 1:30 pm Thursday. ...more 2007-08 Officers and Newly Elected Board of Directors Members Sworn in at Annual Meeting--San Francisco, CA (August 4, 2007) -- The National Association of Criminal Defense Lawyers (NACDL) elected and swore in its new Officers and Board of Directors members at its annual conference. Houston defense lawyer Jim Lavine was awarded the 27th annual Robert C. Heeney Memorial Award, NACDL's most prestigious honor. ...more Defense Lawyers Bar Supports Attorney-Client Privilege Protection Bill--Washington, DC (July 12, 2007) – The National Association of Criminal Defense Lawyers (NACDL), a member organization of the Coalition to Preserve the Attorney-Client Privilege, fully supports the Attorney-Client Privilege Protection Act of 2007 introduced today in the U.S. House of Representatives. The attorney-client privilege – the oldest privilege under common law – exists to protect the public in civil and criminal matters by ensuring frank and honest communications between client and lawyer. ...more Executions and Madmen--Washington, DC (June 28, 2007) – Defense lawyers, legal scholars and mental health advocates breathed a sigh of relief today when the Supreme Court narrowly reversed the case of a mentally-ill Texas death row inmate. The National Association of Criminal Defense Lawyers (NACDL) applauded the ruling for upholding centuries of “compassionate precedent” over recent attempts to streamline death sentences in the state and federal courts. ...more Guidelines Only One Factor Among Many at Sentencing, Supreme Court Holds--Washington, DC (June 21, 2007) – In a telephone news conference today arranged by the National Association of Criminal Defense Lawyers (NACDL), a number of noted sentencing experts said that the Supreme Court's decision in Rita v. United States was by and large helpful to defendants in whose cases a Guidelines sentence would be unduly harsh. NACDL President-Elect Carmen Hernandez explained that the Guidelines are “nothing more than advisory . . .and they are still open to challenge – individually as to a defendant, and categorically as to a defendant, and categorically where the Commission, in a particular guideline, did not take the [statutory] factors into account.” ...more Passenger Case Is a ‘Victory for Common Sense'--Washington, DC (June 18, 2007) – Today’s Supreme Court decision holding that passengers in a car that has been illegally stopped by police have the same right as the driver to challenge stop is a “victory for common sense,” said Martin S. (Marty) Pinales, president of the National Association of Criminal Defense Lawyers (NACDL). ...more Supreme Court Refuses to Re-impose Death Sentence--Washington, DC (May 21)--The U.S. Supreme Court today dismissed the state’s appeal of a lower court decision which threw out a Missouri prisoner’s death sentence. A majority of the Court, in an unsigned “per curiam” opinion, relied on an argument made by the National Association of Criminal Defense Lawyers, in a “friend of the court” brief, that the trial court misinterpreted the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and federal case law when it dismissed death row inmate William Weaver’s original habeas corpus petition in 1996. ...more 'Crack' Guideline Long Overdue, Criminal Lawyers Say --Washington, DC (Apr. 28, 2007) -- The National Association of Criminal Defense Lawyers has fought for fairness in drug sentencing since the first set of U.S. Sentencing Guidelines was drafted 20 years ago. NACDL has actively participated in the guidelines comment and amendment process continuously since then. On May 1, the Sentencing Commission will send an amendment to the cocaine base (“crack”) guideline to Congress which will bring some small measure of fairness back into drug sentences, and NACDL supports the new guideline as a sensible and progressive first step toward ending the unfair disparity in cocaine sentencing. ...more National Criminal Bar Supports Judicial Pay Increase--Washington, DC� (April 19) – When a first-year associate on Wall Street, who has never represented a client or seen the inside of a courtroom, will earn more this year than the most experienced New York state jurist, the repercussions of the state legislature’s hostility toward the bench threatens to undermine public confidence in the judicial system itself, the president of the National Association of Criminal Defense Lawyers said last week. ...more Defense Lawyers Urge Investigation Into U.S. Attorney Dismissals--Washington, DC- (March 14)--In light of recent revelations regarding the dismissal of U.S. Attorneys by persons in the Attorney General’s office and the White House, President Martin S. Pinales of the National Association of Criminal Defense Lawyers today made the following statement: “As concerned as we are about politically-motivated dismissals, we have greater concerns with the chilling effect upon other U.S. Attorneys whose independence was threatened by this unprecedented attempt to commandeer America’s criminal justice system.” ...more Supreme Court, Congress Must Restore Habeas Corpus--Washington, DC- (Feb. 21)--NACDL is extremely disappointed in the decision in which a divided panel on the D.C. Circuit Court of Appeals ruled that none of the prisoners at Guantanamo Naval Base have any right to challenge their indefinite imprisonment in federal court. The court ruled, in effect, that the United States can imprison people virtually forever without judicial review. ...more D.C. Circuit Vacates Officer’s ‘Gratuity’ Conviction--Washington, DC� (Feb. 9) --- After a 6-year struggle, a veteran D.C. police detective has been cleared of wrongdoing by the full U.S. Court of Appeals for the D.C. Circuit in a case that could affect overzealous public corruption prosecutions nationwide. ...more National Legal Group Files Lawsuit Challenging Illinois Police Defense of Traditional Lineups--Chicago, IL (Feb 8, 2007) – Citing wrongful convictions due to mistaken eyewitness identification and the urgent need to reform traditional police eyewitness identification procedures, NACDL, in conjunction with the MacArthur Justice Center of the Bluhm Legal Clinic at Northwestern University School of Law, filed a civil lawsuit today against the Illinois police departments who participated in a controversial study of eyewitnesses and police lineups. ...more Natl. Criminal Defense Bar Warns Cook County Board Public Defender Budget Cuts Would Break Down System--Washington, D.C. (Jan. 31) – The National Association of Criminal Defense Lawyers sent a representative to the Cook County Board of Commissioners budget hearing Tuesday night to warn that cutting the public defender budget could have serious consequences not just for poor defendants but for the court system itself. ...more New York State Bar Association Recognizes 3 NACDL Lawyers--Washington, D.C. (Jan. 25) – “The NACDL is proud that the New York State Bar Association Criminal Justice Section will recognize three of our distinguished members at its Annual Meeting in New York City Jan. 25,” NACDL President Martin S. Pinales said Thursday. ...more Supreme Court Reaffirms Right to Trial By Jury--Washington, D.C. (Jan. 22) – Today the U.S. Supreme Court issued another important decision on the right of a defendant to be sentenced only on the facts proven at trial. The case, Cunningham v. California, No. 05-6551, is the latest in a long line of truth in sentencing cases beginning with Apprendi v. New Jersey (2000) and crystallized in Blakely v. Washington (2004). The National Association of Criminal Defense Lawyers filed an amicus curiae (“friend of the court”) brief in the case. ...more Military Commission Rules ‘Designed to Convict’ Experts Say--Washington, D.C. (Jan. 18) -- NACDL today criticized the Defense Department’s Manual for Military Commissions, stating that the rules are unfairly weighted in favor of military prosecutors and were finalized without a public comment period...NACDL Board Member Joshua Dratel, civilian counsel for Guantanamo prisoner David Hicks, said after examining his copy of the manual, “the rules are designed to ensure convictions.” Hicks is scheduled to be among the first group of defendants tried by a commission, which will have the power to impose the death penalty. ...more NACDL President Calls for Asst. Sec. Stimson’s Resignation--Washington, D.C. -- (Jan. 15, 2007) NACDL President Martin S. Pinales released a letter sent on Monday to Defense Secretary Robert Gates calling for the dismissal of Deputy Assistant Secretary of Defense for Detainee Affairs Charles D. “Cully” Stimson. Mr. Pinales was reacting to Mr. Stimson’s recent characterization of the pro bono representation provided to the Guantanamo detainees by leading law firms as “shocking.” ...more Criminal Defense Bar Applauds N.J. Death Penalty Study--Washington, D.C.--(Jan. 5, 2007) The National Association of Criminal Defense Lawyers (NACDL) opposes the death penalty in all circumstances and supports reforms, including abolition of capital punishment. The NACDL welcomes the recommendations of the New Jersey Death Penalty Study Commission that the state death penalty be abolished, and that the resulting cost savings be passed on. The Association encourages the other 37 states which still have the death penalty to follow New Jersey’s example. ..more >> Archived News Releases <<
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