NACDL - National Association of Criminal Defense Lawyers

Depositions are used successfully in state criminal courts and in federal civil cases. NACDL believes that that practice should be extended to federal criminal cases in which defendants’ life, liberty and property are at stake.

NACDL’s members include private criminal defense attorneys, public defenders, military defense counsel, law professors, and judges. The majority of our members are trial lawyers who are regularly litigating in both state and federal courts around the country. Thus, NACDL is in a unique position of having input from the ongoing experiences of lawyers with substantial experience with the challenges posed by artificial intelligence and other machine-generated evidence. 

While we had argued for more extensive reforms during the Advisory Committee deliberation process, the proposed amendments would resolve many ambiguities in the current rule and would overall constitute an improvement. Accordingly, with a few relatively minor exceptions, NACDL supports the amendment.

Our members have substantial experience with the challenges created by Rule 609 and have submitted amicus briefs before the Oregon Supreme Court and Supreme Court of the State of Washington related to the state counterparts of Rule 609’s impact on litigants in each jurisdiction. ... NACDL supports the proposed amendments to Rule 609, including the change to subsection (a)(1). This amendment marks an important step toward enhancing the fairness and integrity of our judicial system.

NACDL submitted a comprehensive letter regarding Rule 17 that was received by the Committee last Fall. ... For the reasons we provided in that letter, NACDL maintains that defense counsel should generally be permitted to issue subpoenas duces tecum without leave of the court and ex parte. A Rule requiring a motion and order for most subpoenas would present a heavy and unnecessary burden for both the defense and the courts that would consider such motions.

The National Association of Criminal Defense Lawyers (NACDL) is pleased to submit our comments on the proposed amendment to Rule 801 of the Federal Rules of Evidence. NACDL enthusiastically supports this proposal.

NACDL is pleased to submit our comments on the proposed amendments to Rule 29 of the Federal Rules of Appellate Procedure and to Appeals Form 4. Overall, the theme of our comments is that the proposals appear to over-look the particular characteristics of federal criminal and related appeals, and would impose unwarranted burdens on many amici and on the judiciary itself in the great majority of appeals where the concerns that animate the proposals do not arise.

NACDL is pleased to submit our comments with respect to the proposed changes to Federal Rule of Evidence 609(a)(1). … Our members have substantial experience with the challenges created by Rule 609 and have submitted amicus briefs before the Oregon Supreme Court and Supreme Court of the State of Washington related to the state counterparts of Rule 609’s impact on the people in each jurisdiction. In line with our dedication to advancing the proper, efficient, and just administration of justice, we would like to offer the following comments on the proposed change to Rule 609(a)(1).

On behalf of NACDL, we write to address the need to amend Rule 17 of the Federal Rules of Criminal Procedure to allow the parties to issue subpoenas for documents and tangible items to third parties without leave of Court. … The current Rule 17 is ambiguous in critical respects, leading to disparate application that threatens the ability of defense counsel to adequately investigate, develop, and present available defenses, and thus to provide the level of assistance required by the Constitution.

The National Association of Criminal Defense Lawyers is pleased to submit our comments on the proposed amendments to Rules 611, 613, 804 and 1006 of the Federal Rules of Evidence.

With one suggestion for improvement, NACDL supports the proposed amendments to Fed.R.App.P. 35 and 40, which would consolidate and clarify the procedures governing petitions for panel or en banc rehearing, as well as petitions for initial en banc consideration.

Comments to the Judicial Conference of the United States Practice & Procedure Committee regarding proposed amendments to Federal Rules of Evidence 106, 615, and 702.

Comments to the Judicial Conference of the United States Practice & Procedure Committee regarding a proposed amendment to define how federal courts should navigate an emergency suspension of rules (new Criminal Rule 62), such as those posed by COVID-19 and directed by the CARES Act (H.R. 748, 2020).

Comments to the Judicial Conference Advisory Committee on Criminal Rules regarding proposed amendments to Rule 16 of the Federal Rules of Criminal Procedure.

Comments to the Judicial Conference Committee on Rules of Practice and Procedure regarding proposed amendments to Rule 3(c) and 42(b) of the Federal Rules of Appellate Procedure.

Letter to the Judicial Conference Committee on Practice & Procedure regarding proposed rule changes to the Federal Rules of Appellate Procedure.

Letter to the Judicial Conference Committee on Practice & Procedure regarding proposed changes to the Federal Rules of Evidence.

Letter to the Judicial Conference Committee on Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure and Rules Governing 2255 Proceedings.

Letter to the Advisory Committee on Local Rules chairman regarding proposed changes to criminal disclosure rules in the U.S. District Court for the District of Columbia.

Written testimony of NACDL Past President E.G. "Gerry" Morris on behalf of the Association to the Judicial Conference of the United States Ad Hoc Committee to Review the Criminal Justice Act Program prior to a November 2017 hearing in Santa Fe.

The National Association of Criminal Defense Lawyers opposes the proposed amendment to Fed. R. Evid. 801(d)(1)(A). The amendment would permit the substantive use of unsworn and presumptively unreliable out-of-court statements. The amendment would thus mark a sharp break with other exceptions to the hearsay rule, which generally require circumstantial assurances of reliability. There is no identified need that would justify such a striking impingement on the trial's truth-seeking function.

The National Association of Criminal Defense Lawyers is pleased to submit our comments on the proposed changes to Rules 12.4, 45(c) and 49 of the Federal Rules of Criminal Procedure.

The National Association of Criminal Defense Lawyers is pleased to submit our comments on the proposed changes to Rules 25, 28.1, 29, 31 and 41 of the Federal Rules of Criminal Procedure and to Appellate Form 4.

On behalf of NACDL and its Federal Indigent Task Force, I write to express appreciation to you and the entire Ad Hoc Committee for the opportunity to appear before you at the hearing in Santa Fe and to provide this supplemental submission. … A fundamental recommendation in NACDL’s report on federal public defense was a call for a comprehensive review of the CJA program. The Ad Hoc Committee has conducted such a review, and NACDL commends the Committee for its impressive efforts in soliciting broad input and for the transparency of the hearings and process.

NACDL encourages the Advisory Committee on Appellate Rules to give serious consideration to the suggestion on your April 2016 agenda to extend to 30 days from the present 14 the time for filing a defendant's notice of appeal in a federal criminal case. (This period is measured not from the date of sentencing but from the date when the written judgment is entered on the docket, which might be the sentencing day but is often anywhere from a day or two to a few weeks later.) There are many reasons why this idea has merit beyond those noted in the Reporter's memorandum.

We write this letter on behalf of the National Association of Criminal Defense Lawyers (NACDL) and the American Civil Liberties Union (ACLU) in order to comment on the ad hoc committee's Proposed Disclosure Rule, which was published in the Washington Law Reporter on January 29, 2016. As we discuss below, we applaud the Committee for its efforts, we support the proposed changes as filling a void in the existing rules, and we suggest additional ways in which the Proposed Disclosure Rule could be further improved. 

Comments with the New York Council of Defense Lawyers to Judge Donald W. Molloy, chair of the Advisory Committee on the Federal Rules of Criminal Procedure, regarding proposed amendments to Rule 16.

Criminal Local Rule 32.1.8 creates special provisions governing the submission of motions for departure under U.S.S.G. § 5K1.1 and related written material. NACDL members often represent cooperating witnesses who may want the details of their “substantial assistance” kept out of the public eye, but our members also often represent the defendants against whom “cooperators” testify, and who therefore have an interest in disclosure of and readier access to such information. …we do believe that our following comments are even-handed and fair-minded, not a case of special pleading.

Comments to the Judicial Conference Advisory Committee on Criminal Rules regarding proposed amendments to Rule 41 of the Federal Rules of Criminal Procedure.

I write to you … on behalf of NACDL and the undersigned [leaders] of 26 affiliate associations from 25 states and the Commonwealth of Puerto Rico. Our members include thousands of attorneys who … believe that access to qualified and properly-resourced counsel is essential to safeguard the rights of the indigent accused. We write to convey our profound concern about the impact of funding cuts on federal indigent defense services, specifically their impact on the thousands of accused persons who depend upon appointed counsel to secure their Sixth Amendment rights.

The National Association of Criminal Defense Lawyers is pleased to submit our comments with respect to the proposed changes in the Federal Rules of Criminal Procedure.

The National Association of Criminal Defense Lawyers is pleased to submit our comments with respect to the proposed changes in the Federal Rules of Evidence.

Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed amendments to Rule 12 of the Federal Rules of Criminal Procedure.

Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding a proposed amendment to Rule 11 of the Federal Rules of Criminal Procedure.

Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed amendments to Rule 803(10) of the Federal Rules of Evidence.

Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed amendments to Rule 28 and Form 4 of the Federal Rules of Appellate Procedure.

NACDL comments to the Judicial Conference of the United States Committee on Rules of Practice and Procedure, Foreign Intelligence Surveillance Court (FISC) Rules Committee, and FISC Presiding Judge regarding proposed amendments to FISC Rules of Procedure 7(j); 11(d); 13(a)(4), (a)(S) & (b)(4); 17(b), (c) & (d); 62(a); and 63.

U.S. District Court Judge Emmet G. Sullivan’s letter to the Judicial Conference Advisory Committee on the Rules of Criminal Procedure, regarding federal disclosure obligations and suggesting an amendment to the Federal Rules of Criminal Procedure.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedures regarding preliminary examination, crime victims' rights, and rules of evidence.

Comments to the U.S. Courts Administrative Office on the consequences of allowing public access to electronic criminal case files.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed rules concerning the Crime Victims' Rights Act.

Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed amendments to the Federal Rules of Criminal Procedure.

Statement to the Advisory Committee on Criminal Rules regarding the Criminal Victims' Rights Act and a proposed amendment to Rule 29.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Appellate Procedure.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to procedures in the Foreign Intelligence Surveillance Court.

Follow-up letter to the Committee on Rules of Practice and Procedure Advisory Committee on Civil Rules regarding the Civil Asset Forfeiture Reform Act of 2000.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.

Recommendations to the Judicial Conference on federal habeas corpus rules amendments.

Letter to the U.S. Courts Committee on Rules of Practice and Procedure Advisory Committee on Civil Rules regarding the Civil Asset Forfeiture Reform Act of 2000.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Appellate Procedure habeas corpus rules.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure.

Letter to members of the Judicial Conference regarding proposed changes to the Federal Rules of Criminal Procedure applicable to criminal forfeiture.

Letter to members of the Judicial Conference regarding proposed changes to the Federal Rules of Criminal Procedure applicable to criminal forfeiture.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure applicable to criminal forfeiture.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure, except those related to criminal forfeiture.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure applicable to criminal forfeiture.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure and Federal Rules of Appellate Procedure.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure, Federal Rules of Evidence, and Federal Rules of Appellate Procedure.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure and Federal Rules of Appellate Procedure.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure, Federal Rules of Evidence, and Federal Rules of Appellate Procedure.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure and Federal Rules of Evidence.