Board Resolution ~ 08/06/2005

Regarding Indigent Defense Litigation and Reform Funding for Fiscal Years 2006-2008

Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Regarding Indigent Defense Litigation and Reform Funding for Fiscal Years 2006-2008 

Portland, Oregon
August 6, 2005

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 and Reform (IDLR);

WHEREAS systemic IDLR 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 $120,000 for systemic IDLR during the period of Fiscal Year 2006 through Fiscal Year 2008.

The NACDL will budget the sum of $40,000 as a line item for IDLR for each of Fiscal Year 2006, Fiscal Year 2007, and Fiscal Year 2008.

In the event the Chair or Co-chair of the IDC determines that funds beyond the amount budgeted are necessary to fund systemic litigation and/or reform projects which have been approved by the NACDL Board of Directors, they may exceed the amount budgeted for that particular fiscal year.

In no event will the amount spent during the three fiscal years exceed $120,000. In no event will any funds be expended for IDLR projects unless the projects have been previously approved by the IDC.

If, in any fiscal year, expenditures from the IDLR budget line item are less than $40,000, the funds remaining shall revert to the NACDL reserve, as in general practice.

In the event expenditures for IDLR projects in a single year exceed $40,000, the NACDL Executive Director and Financial Director shall draw funds from the NACDL reserve funds in the amount the expenditures exceed $40,000, provided that the amount of such funds withdrawn shall not exceed the difference between the $120,000 and the amount that had been expended for IDLR projects during the Fiscal Years 2006-2008 time period.

It is the express intent of the Board that if funds expended on IDLR projects in a single fiscal year exceed $40,000, no funds need be reallocated to ensure a balanced budget. Rather, expenditures beyond the $40,000 budgeted may cause a deficit budget or operation “in the red.”

The Board and the IDC intend that this three-year allocation of $120,000 will be the maximum amount of funds available for IDLR projects for Fiscal Years 2006-2008.

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