Board Resolution ~ 8/2/14

Authorizing Indigent Defense Litigation and Reform Funding

Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers 

Philadelphia, PA
August 2, 2014

WHEREAS the National Association of Criminal Defense Lawyers (NACDL) continues to be committed to advancing indigent defense systems that ensure quality representation for all accused individuals;

WHEREAS NACDL has authorized its Indigent Defense Committee (IDC) to meet that commitment through the development and pursuit of systemic Indigent Defense litigation, reform and education (hereinafter “litigation”);

WHEREAS systemic litigation requires a long-term, multi-year commitment of substantial funds for case development and litigation expenses;

WHEREAS it is difficult to predict litigation-related expenditures for any one fiscal year;

IT IS HEREBY RESOLVED that NACDL makes the commitment to provide up to $45,000 for systemic litigation during the period of Fiscal Year 2015 through Fiscal Year 2017.

The NACDL will budget the sum of $15,000 as a line item for litigation for each of Fiscal Years 2015, 2016, and 2017.

Any project utilizing these litigation funds should be approved by the Executive Committee in advance of any commitment of funds.  In the event the Chair or Co-Chair of the IDC determines that funds beyond the amount budgeted are necessary to fund systemic litigation, reform and/or education projects which have been approved by the NACDL Board of Directors, they may exceed the amount budgeted for that particular fiscal year.  Any expenditure for services should be supported by a contract or written agreement pursuant to the policies and procedures of the association.

In no event will the amount spent during the three fiscal years exceed $45,000.  In no event will these funds be expended for litigation projects unless the projects have been previously approved by the IDC.

If, in any fiscal year, expenditures from the litigation budget line item are less than $15,000, the funds remaining shall revert to the NACDL reserve, as in general practice.

In the event expenditures under this litigation budget exceed $15,000 in a single year, the NACDL Executive Director and Financial Director shall draw funds from the NACDL reserve funds in the amount the expenditures exceed $15,000, provided that the amount of such funds withdrawn shall not exceed the difference between the $45,000 and the amount that had been expended under this litigation budget during the Fiscal Years 2015-2017 time period.

It is the express intent of the Board that if funds expended under this litigation budget in a single fiscal year exceed $15,000, no funds need be reallocated to ensure a balanced budget.  Rather, expenditures beyond the $15,000 budgeted may cause a deficit budget or operation “in the red.”

While the Board and the IDC intend that this three-year allocation of $45,000 will be the maximum amount of NACDL funds available under this litigation budget for Fiscal Years 2015-2017, this resolution does not preclude a subsequent resolution requesting an increase in the total amount allocated based on changed circumstances.

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