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NACDL News: Polarizing Issues Are Focus Of ‘Under Siege’ Webcast
October 16, 2014 — Implicit bias, disparate sentencing policies, and the overpolicing of minority and poor communities were among the topics discussed during NACDL’s webcast Under Siege: The Defense Bar Examines Police Militarization, Ethnic & Racial Dynamics of Sentencing, and Their Impact on Criminal Justice Outcomes.
By Ivan J. Dominguez and Isaac Kramer in October 2014
Category: The Champion Magazine
NACDL News: New York State Settles Hurrell-Harring Indigent Defense Challenge

Parties in Hurrell-Harring et al. v. New York, a class action brought by the New York Civil Liberties Union challenging systemic deficiencies in the indigent defense services in several New York counties, settled on Oct. 21, 2014. While the settlement applies to only five of the 57 New York counties, it can be used as a blueprint by other counties in New York to meet the obligation to provide adequate representation to indigent defendants statewide. Last month, the U.S. Department of Justice, on behalf of the federal government, filed a Statement of Interest in the litigation that, while not taking a position on the merits of plaintiffs’ claims, declared that the right to counsel “is so fundamental to the operation of the criminal justice system that its diminishment erodes the principles of liberty and justice that underpin all of our civil rights in criminal proceedings.”

By Ivan J. Dominguez and Isaac Kramer in October 2014
Category: The Champion Magazine
NACDL News: NACDL Offers New Scholarship Funding to Indigent Defense Providers

NACDL announced a new program of scholarship assistance for indigent defense providers on Oct. 23. The scholarships will foster access for both public and private defenders of the indigent accused to outstanding criminal defense training programs nationwide.

By Ivan J. Dominguez and Isaac Kramer in October 2014
Category: The Champion Magazine
NACDL News: Justice Department to End Practice of Seeking Waivers of Ineffective Assistance of Counsel Claims as Part of Plea Agreements

The U.S. Department of Justice announced on Oct. 14 a new department policy on waivers of claims of ineffective assistance of counsel (IAC) in a memo to all federal prosecutors from Deputy Attorney General James M. Cole. The memo reads in part:

By Ivan J. Dominguez and Isaac Kramer in October 2014
Category: The Champion Magazine
NACDL News: Volunteer for Clemency Project 2014
Clemency Project 2014 (CP 2014) is seeking volunteers in the national pro bono effort to secure freedom for many federal inmates who are serving unnecessarily harsh sentences for nonviolent offenses.
By Ivan J. Dominguez and Isaac Kramer in September 2014
Category: The Champion Magazine
NACDL News: Sen. Ted Stevens’ Defense Attorney Releases Behind-the-Scenes Account of 2008 Trial and Unlawful Prosecution

Rob Cary, a defense attorney for Sen. Ted Stevens of Alaska, released a new book on Sept. 16 — Not Guilty: The Unlawful Prosecution of U.S. Senator Ted Stevens (NACDL Press/Thomson Reuters) — recounting the trial six years ago of a powerful senator.

By Ivan J. Dominguez and Isaac Kramer in September 2014
Category: The Champion Magazine
NACDL News: NACDL President Discusses Indigent Defense, Concern About Restrictions On the Participation of Federal Defenders in Historic Clemency Project
On Aug. 22, NACDL President Theodore Simon delivered an important address to a conference of federal defenders and panel attorneys in Cleveland, Ohio, in which he expressed concern about the state of federal indigent defense.
By Ivan J. Dominguez and Isaac Kramer in September 2014
Category: The Champion Magazine
NACDL News: Kentucky Supreme Court Upholds Ethics Opinion Barring Plea Agreements Containing Waivers of IAC Claims

In a landmark decision, the Supreme Court of Kentucky unanimously rejected a challenge by the federal government, by and through its federal prosecutors in that jurisdiction, to Kentucky Bar Association Ethics Opinion E-435, which states that the use of ineffective assistance of counsel (IAC) waivers in plea agreements violates Kentucky’s Rules of Professional Conduct. The case, United States v. Kentucky Bar Association., was decided on Aug. 21.

By Ivan J. Dominguez and Isaac Kramer in September 2014
Category: The Champion Magazine
NACDL News: Experts Offer Recantation Evidence Tips
On September 26, 2014, NACDL presented the live streaming webcast “Recantation Evidence: How to Investigate & Use It Effectively in Innocence Claims.”
By Ivan J. Dominguez and Isaac Kramer in September 2014
Category: The Champion Magazine
NACDL News: DOJ Acts Boldly in Case to Expose Indigent Defense Deficiencies

With the nation’s indigent defense system mired in a persistent crisis of underfunding as a result of the failure of the states to enforce the Supreme Court’s landmark Sixth Amendment right to counsel decision in Gideon v. Wainwright (1963), the Department of Justice has acted boldly in a case that seeks to expose the resulting deficiencies. In the case of Hurrell-Harring et al. v. New York, a class action brought by the New York Civil Liberties Union challenging systemic deficiencies in the indigent defense services in several New York counties, the Department of Justice, on behalf of the federal government, filed a Statement of Interest in the pending litigation on Sept. 25.

By Ivan J. Dominguez and Isaac Kramer in September 2014
Category: The Champion Magazine
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