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Vol. 11 Issue 5 - 05/30/2012

Celebrate the 50th Anniversary of Gideon v. Wainwright

On January 8, 1962, the Clerk of the United States Supreme Court received a handwritten petition from Clarence Earl Gideon asking the Court to overturn his conviction for theft because he had not been appointed a lawyer to represent him in his criminal trial. That petition began the landmark case of Gideon v. Wainwright, in which the U.S. Supreme Court unanimously declared the "obvious truth" that "lawyers in criminal court are necessities, not luxuries." In Gideon, the Supreme Court acknowledged that defense lawyers are integral to justice. There is no justice without a defense, and no defense without a defense lawyer. 

To commemorate the Golden Anniversary of Gideon v. Wainwright, the Foundation for Criminal Justice is hosting a gala celebration in conjunction with NACDL's 2012 Annual Meeting in San Francisco.

July 27, 2012 
6:00 pm 
Palace Hotel 
2 New Montgomery Street 
San Francisco, CA  

We hope that you will join us as we mark this historic anniversary, honor the heroic work of defense lawyers, and reaffirm our commitment to seeing the noble idea of Gideon put into practice.   

At the event, NACDL will honor the architect of the “John Adams Project” - Anthony Romero, Executive Director of the ACLU – with the Champion of Justice award. Through the John Adams Project, detainees accused of capital crimes at Guantanamo Bay Cuba received appropriately qualified defense teams. The program will also feature remarks on the legal profession’s commitment to the right to counsel from special guest ABA President Bill Robinson.

All proceeds from this event will be used to fund NACDL projects designed to ensure that all those facing prosecution receive quality representation at every phase of a criminal case.  

Order Tickets | Become a Sponsor  

For more information about this event, please contact Malia Brink at mbrink@nacdl.org or go to www.nacdl.org/gideon.

Accused 9/11 Defendants Arraigned at Guantanamo

On May 5, five Guantanamo detainees accused of masterminding the 9/11 attacks on New York and Washington were arraigned for a second time before a military commission at Guantanamo Bay, Cuba. The defendants were first arraigned in 2008, but those charges were dismissed after Attorney General Holder announced that the defendants would be tried in New York City.

“Contrary to federal civilian practice, pleas of guilty or not guilty are not traditionally entered at a military commission arraignment; however, this is Guantanamo and anything can happen,” NACDL’s National Security Counsel Mason Clutter wrote in an email from Andrews Air Force Base on May 3rd as she was waiting to depart for Guantanamo to attend the hearing. NACDL is recognized by the Office of Military Commissions as an official nongovernmental organization (NGO) observer.

NACDL maintains its position that the Guantanamo military commissions are inherently unfair and irreparably flawed. Evidence presented in any death penalty proceeding must be of the highest reliability. The system falls far short of bedrock American principles of fairness and due process. The commissions’ rules interfere with a defendant’s right to confront witnesses against him and still permit the government to introduce evidence derived from the use of “enhanced interrogation techniques,” albeit not statements made by the defendant himself. NACDL has also criticized rules promulgated by the base commander earlier this year which infringe upon the right to counsel by impeding confidential attorney-client communications. NACDL continues to closely monitor the military commissions at Guantanamo Bay and provides updates in The Champion and on our National Security webpage.

To read more, please click here

Hearings on Barriers to Social Re-Entry for Ex-Offenders And Collateral Consequences of Criminal Convictions

NACDL's Task Force on Restoration of Rights and Status After Conviction held its third national hearing on how legal mechanisms for relief from the collateral consequences of conviction are actually working in state and federal systems on Thursday and Friday, April 26 and 27, 2012, in Cleveland, Ohio, at the offices of McDonald Hopkins, LLC.

The approximately two dozen witnesses in Cleveland included judges from federal and state courts, as well as Gary Mohr, Director, Ohio Department of Rehabilitation and Correction; Dennis G. Terez, Federal Public Defender; Stephen Johnson Grove, Deputy Director, Ohio Justice Policy Center; Mansfield Frazier, Executive Director, Neighborhood Solutions, Inc.; and representatives from the Office of Cleveland Mayor Frank Jackson. In addition, the witness list included defense lawyers, researchers, as well as individuals with convictions who themselves confronted barriers to re-entry. The Task Force was particularly interested in Ohio as various entities are engaged in ensuring that those with convictions on their records have their rights restored and become functioning members of their communities.

To read more, please click here.

Board of Directors and Officer Positions to be Filled in San Francisco

No petitions for candidacy for the NACDL Board of Directors or Officer Positions were received. Accordingly, pursuant to Article VIII, Section 3(b), the Secretary will declare the Nominating Committee slate of candidates elected by acclamation at the Annual Membership Meeting in San Francisco, California on July 28, 2012.

The following individuals will be declared elected to the open positions:

President Elect: Jerry J. Cox, Mt. Vernon, KY 
First Vice President:   Theodore Simon, Philadelphia, PA 
Second Vice President:  E. G. Morris, Austin, TX
Secretary: Barry J. Pollack, Washington, DC
Treasurer:   John Wesley Hall, Little Rock, AR

Alexander Bunin, Houston, TX
Jean-Jacques Cabou, Phoenix, AZ
Anthony Cotton, Waukesha, WI
Candace C. Crouse, Cincinnati, OH
Ramon De La Cabada, Miami, FL
Drew Findling, Atlanta, GA
Richard Gilbert, Washington, DC
Nina J. Ginsberg, Alexandria, VA
Bonnie Hoffman, Leesburg, VA
Ashish S. Joshi, Ann Arbor, MI
Nellie L. King, West Palm Beach, FL
Benjamin R. LaBranche, Baton Rouge, LA
Jeffrey E. Thoma, Fairfield, CA


Review a Book for The Champion Magazine

Do you want to review a book for The Champion? Here is the list of available books. Send your request to qchatman@nacdl.org. First come, first served. The reviews are due on September 1, 2012.

  1. Mark S. Silver, HANDBOOK OF MITIGATION IN CRIMINAL AND IMMIGRATION FORENSICS (for criminal defense and immigration lawyers who want to better advocate for the client by humanizing the individual and presenting important psychosocial details from the client’s life)
  2. Jenny Phillips, LETTERS FROM THE DHAMMA BROTHERS (letters from maximum security prison inmates about their struggles and triumphs as they participate in a voluntary meditation program)
  3. Allison Leotta, DISCRETION (a thriller about an Assistant U.S. Attorney, murder, and the political elite in Washington, D.C.)

Federal Policy Update

Violence Against Women Act
The Violence Against Women Reauthorization Act (VAWA) includes many ill-considered provisions, including new mandatory minimum sentences, overbroad criminal prohibitions and harsh immigration measures. NACDL has been particularly concerned about provisions in the Senate version that would expand tribal court jurisdiction over domestic violence offenses without extending the requisite 6th Amendment protections. NACDL and the National Association of Federal Defenders sent Congress this comprehensive critique of the Senate and House VAWA’s many flawed provisions.

Brady Reform
NACDL continues to push for federal Brady reform. On April 19, 2012, the House Judiciary Crime Subcommittee held a hearing on “The Prosecution of Former Senator Ted Stevens” concerning federal prosecutors’ failure to disclose favorable evidence in the Stevens’ prosecution. NACDL submitted a letter highlighting other examples of non-disclosure and advocating a legislative fix such as the Senate “Fairness in Disclosure of Evidence Act’ (S. 2197). Read more about NACDL’s discovery reform efforts here.

National Defense Authorization Act
On Friday, May 18th the House passed the 2013 National Defense Authorization Act (NDAA). The bill maintains transfer restrictions of detainees from Guantanamo Bay to the United States, and to their home and third-party countries. The bill also preserves onerous certification requirements for such transfers. Attempts to undo the harmful indefinite detention provisions of the 2012 NDAA failed. An amendment was introduced by Congressman Rooney (R-FL) that would require the military commission trial of any foreign terrorism suspect; however, this same language was passed by amendment last year and was eventually stripped from the final version of the bill. The Senate Armed Services Committee marks up its version of the 2013 NDAA this week.

Indefinite Detention
On Tuesday, May 15th Congressmen Nadler (D-NY), Conyers (D-MI), and Scott (D-VA) introduced the “No Detention without Charge Act of 2012” to prevent the indefinite detention without charge or trial of persons held in U.S. custody except to the extent that the Constitution and law of war permit. NACDL supports this bill.

The Senate continues to debate cybersecurity legislation following heated debate over privacy concerns in the House. The Senate is working on reconciling conflicting provisions of two cyber bills—one introduced by Joe Lieberman (I-VT) and the other introduced by John McCain (R-AZ). NACDL opposes both bills as currently drafted due to serious fourth amendment and privacy concerns, and joined two coalition letters in opposition to the bills. The letter in opposition to Liberman’s bill is here, and the letter in opposition to McCain’s bill is here. The House passed its version of cybersecurity legislation last month. NACDL sent a letter to every member of the House encouraging opposition to any bill that did not protect fourth amendment rights.

Privacy and Civil Liberties Board Nominees Confirmed
On Thursday, May 17th, the Senate Judiciary Committee approved President Obama’s nominees to the Privacy and Civil Liberties Board. The Board was created in 2004 at the recommendation of the 9/11 Commissions; however, it has been dormant since 2007. While NACDL does not endorse any particular nominee to the Board, NACDL has encouraged the Committee to hold confirmation hearings. The Board is needed to provide critical oversight as the government develops and relies on new national security programs. The full Senate must now vote on the nominations.

Grassroots Advocacy Mini-Survey

For NACDL to effectively impact public policy at the federal and state levels, membership is often asked to become engaged in the legislative process. That member involvement can prove key to an instrumental victory, and the lack thereof can doom a piece of legislation teetering on the edge of passage and irrelevance. In order to provide a pleasant and effective grassroots advocacy experience, NACDL is conducting an ultra-brief survey to gauge the current involvement level of our membership. Please take a minute to answer 9 brief questions regarding your current involvement level, past advocacy efforts, and your willingness to participate in the future. All survey results are, and will remain, anonymous. The survey can be accessed here.

Jones and location tracking cases

NACDL members please be on the lookout for citations to United States v. Jones, the 2012 unanimous Supreme Court opinion regarding GPS tracking. NACDL is interested in how the Jones decision is being used in practice and would appreciate you letting NACDL Counsel Mason Clutter know when you see this case cited, or when you cite it, in your cases. Mason can be reached at mclutter@nacdl.org.

Members in DE, MD, NJ, PA, VA, WV, Click Here!

NACDL is rolling out a new member engagement program in the states of Delaware, Maryland, New Jersey, Pennsylvania, Virginia, and West Virginia. The goal of the program, known as NACDL’s Member Legislative Engagement & Advocacy Development Program, or Member LEAD* Program for short, is to encourage and actively assist in the building and maintaining of relationships between NACDL members and their respective elected officials.

If you live in one of the targeted states and wish to develop a productive and viable relationship with your legislators, please contact NACDL’s Manager for Grassroots Advocacy for more details be emailing him at cglen@nacdl.org.

Do you do juvenile defenses? - 2012 Juvenile Defender Leadership Census

The National Juvenile Defender Center is conducting a 2012 Juvenile Defender Leadership Census. If you work on juvenile defense, we encourage you to complete the census. It takes about 15-20 minutes and can be taken by clicking here.

Wrongful Conviction and Post-Conviction Relief Survey

Numerous inquiries have identified factors that contribute to wrongful convictions, including false confessions, eyewitness misidentification, and reliance on improperly analyzed evidence. However, the contributions of other factors, such as race and region, may not be as obvious. The purpose of this survey is to examine the interplay between race, region, and trial dynamics to determine the extent to which these factors contribute to wrongful convictions and their influence on access to post-conviction relief. The survey can be accessed by clicking here.

NACDL Launches “The Criminal Docket” Weekly Podcast

On March 16, 2012, NACDL launched its new weekly podcast series, “The Criminal Docket,” hosted by Ivan J. Dominguez, NACDL’s deputy director of public affairs & communications. Each week, “The Criminal Docket” provides a rundown of the highlights in criminal justice news from the prior week, and previews what’s coming up on the criminal docket in state and federal agencies, legislatures and the courts. In addition, every episode explores important items on the criminal justice agenda, in-depth, with top leaders in the legal practice, public policy, journalism, academia, and others whose lives intersect with the criminal justice system.

In the most recent episode, we explore the 1989 execution of Carlos DeLuna by the State of Texas with Columbia University Law School Professor James S. Liebman, a 2002 recipient of NACDL’s Champion of Justice Award who last week released a groundbreaking investigative report about the Carlos DeLuna case, more than five years in the making by his research team, entitled Los Tocayos Carlos: An Anatomy of a Wrongful Execution. Professor Liebman, who clerked for former U.S. Supreme Court Justice Stevens and spent many years practicing at the NAACP Legal Defense Fund, has focused for decades on a research agenda alternating between capital punishment and public education reform. Among his work, Liebman co-authored treatises on both Habeas Corpus and Evidence as well as a statistical study of error rates in capital cases entitled A Broken System, released in two parts in 2000 & 2002.

Please look for a new episode of “The Criminal Docket” each week, as well as all past episodes, available free of charge at either www.nacdl.org/thecriminaldocket or in Apple’s iTunes Store.

The NACDL Edge is now available for the Android

NACDL EdgeThe National Association of Criminal Defense Lawyers has launched its official mobile app the NACDL Edge. With this app, "Liberty's Last Champion"™ keeps you on the leading edge of criminal defense news of interest and continuing legal education (CLE) opportunities. NACDL members can also search our Member-to-Member Directory, read the latest issue of The Champion, and access our Experts Database.

Learn More 

In the App Storeamazon_app_store_logogoogle_play_logo 

NACDL's Daily Criminal Justice Briefing 

NACDL now offers a terrific and free member benefit from NACDL's Public Affairs and Communications Office: NACDL's Daily Criminal Justice Briefing. Each morning, Briefing Editors Jack King and Ivan Dominguez collect and compile news items of particular interest to the criminal defense bar from around the world and provide links and summaries in a daily email update. In addition, subscribers receive breaking news stories and links to Supreme Court decisions as they happen. The goal is to provide the resources necessary to ensure that the criminal defense bar is informed and current on a wide range of criminal justice news, legal developments, analysis, and commentary.

So far, nearly 1,200 NACDL members have subscribed to the Daily Criminal Justice Briefing. If you would like to join them, simply click here

JUST ONE: One word. One call. Just one referral.

You can make a difference in the career of a criminal defense lawyer. Take a moment to refer another lawyer to America’s best-connected and most knowledgeable criminal defense bar association. After all, most NACDL members were introduced by a colleague…now it’s your turn to pass it on! Make your one referral today!

Special Introductory Offer: New members you refer get 3 extra months of full member benefits FREE! That’s 15 MONTHS OF NACDL MEMBERSHIP for the price of 12!  

(Open to new members only)

How you benefit: For every new member you recruit, you will receive a $25 discount off your next year's dues – up to a total of $125 – and earn a chance to win an Amazon Kindle Fire. 

Visit: www.nacdl.org/getamember you'll find talking points on the value of membership, sample tweets and Facebook updates, and a specially coded membership application that will give your friend 3 months of NACDL member benefits FREE. 

You can make a difference. One word. One call. That's all it takes.  

Contribute to the NACDL Brief & Motion Bank today!

One of the great benefits you get as a member of NACDL is the Brief & Motion Bank, containing almost 400 documents across over 50 topics. We hope you will also help to strengthen it for the benefit of other members. Do you have a unique or exceptional brief or motion? Maybe one that involved an in-depth discussion of the case law, had an especially creative argument, or addressed an unusual situation? Just as using the NACDL Brief & Motion Bank saves you time, so you don’t have to start from scratch when you are already pressed for time, documents you donate to the bank will help your fellow NACDL members in the same way.

We encourage submissions on any topic. Please take a look at what's there, and think about what documents you've written that would enhance the value of the Brief & Motion Bank for other NACDL members. If you would like more information or to contribute to the Brief & Motion Bank, please contact NACDL's Resource Counsel Vanessa Antoun at vantoun@nacdl.org.

Where in the World is NACDL?

From April 19 to 21, 2012, Executive Director Norman L. Reimer and Director of White Collar Crime Policy Shana Regon attended the George Mason University School of Law’s Judicial Symposium on The Law & Economics of Crime & Punishment. The symposium was hosted by GMU’s Law & Economics Center at its Fairfax, Virginia, campus. Regon spoke on a panel, moderated by Reimer, on “The Overcriminalization Problems – How They Impact the Justice System and the Role of the Courts, and Reforms that are Necessary to Restore Founders Intent.” They were joined on this panel by NACDL Members Ellen S. Podgor and Timothy P. O’Toole, as well as U.S. District Court Judge Reggie Walton.

On April 26-27, Executive Director Norman Reimer, State Legislative Affairs Director Angelyn Frazer, National Affairs Assistant Obaid Khan and Education Assistant Doug Reale attended hearings held by NACDL's Task Force on Restoration of Rights and Status After Conviction in Cleveland, Ohio. Witnesses included Gary Mohr, Director, Ohio Department of Rehabilitation and Correction; Dennis G. Terez, Federal Public Defender; Stephen Johnson Grove, Deputy Director, Ohio Justice Policy Center; Mansfield Frazier, Executive Director, Neighborhood Solutions, Inc.; and representatives from the Office of Cleveland Mayor Frank Jackson.

On May 9, 2012, NACDL Director of White Collar Crime Policy Shana Regon attended a panel discussion titled “The FOCUS Act: Promoting a Common Sense Approach to Federal Criminal Law,” hosted by the Heritage Foundation’s Center for Legal and Judicial Studies in Washington, DC.

On May 11, 2012, NACDL Director of White Collar Crime Policy Shana Regon, Counsel for White Collar Crime Policy Tiffany M. Joslyn, Deputy Director of Public Affairs and Communications Ivan J. Dominguez, and Manager for Grassroots Advocacy Chris Glen, attended a policy roundtable discussion on overcriminalization hosted by the George Mason University School of Law’s Center for Law & Economics on Capitol Hill. NACDL Executive Director Norman L. Reimer spoke as a panelist on the roundtable.

On May 16, Executive Director Norman Reimer gave a presentation at the Open Society Institute-Baltimore's event titled "The Burden of Bail: Addressing Challenges to Indigent Defense at Bail Hearings." His co-panelist was Board Member and Maryland Public Defender Paul DeWolfe  

On May 21, 2012, NACDL White Collar Crime Policy Counsel Tiffany M. Joslyn, Indigent Defense Counsel John Gross, State Legislative Affairs Director Angelyn Frazer, Manager for Grassroots Advocacy Chris Glen, White Collar Crime Law Clerk Sarah Mugmon, Public Affairs & Communications intern Denise Tugade, and State Legislative Affairs Intent Jin Niu, attended a congressional briefing, titled “Promising Beginnings: What Congress Can Learn From Bipartisans Criminal Justice Reform in Key States,” hosted by the American Civil Liberties Union (ACLU) on Capitol Hill.

From May 23 to 25, 2012, NACDL Director of White Collar Crime Policy Shana Regon attended the 21st Annual Federal Sentencing Guidelines Seminar, presented by NACDL and the Federal Bar Association Tampa Bay Chapter, in cooperation with the American Bar Association Criminal Justice Section at the Vinoy Renaissance Resort, St. Petersburg, FL. Regon served as a panelist for the plenary session: “Update on Federal Sentencing Law: Supreme Court, Appellate and Legislation.”

Recent Amicus Curiae Briefs Posted on NACDL Website 

Chaidez v. United States, U.S. Sup. Ct., No. 11-820, decision below, 655 F.3d 684 (7th Cir. 2011), brief filed 1/30/12. Retroactivity—Ineffective Assistance of Counsel—Immigration Law—Collateral Consequences. Amicus curiae brief of the National Association of Criminal Defense Lawyers, National Immigration Project of the National Lawyers Guild, Immigrant Legal Resource Center and Immigrant Defense Project in support the of the petition for writ of certiorari. Question presented: In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to persons whose convictions became final before its announcement. Argument for granting the writ: The question is exceptionally important because of the deepening conflict over the retroactivity of Padilla v. Kentucky imposes severe consequences on countless non-citizens and causes confusion in the enforcement of federal immigration law. Authors: Jeffrey S. Trachtman, et al., Kramer Levin Naftalis & Frankel LLP, New York, NY.

Rhodes v. Judiscak, U.S. Sup. Ct., No. 11-1177, ___ F.3d ___, 2012 WL 171917 (10th Cir. 1/23/12.), brief filed 4/26/12. Habeas Corpus—Prisons—Sentence Computation—Supervised Release. Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of the petition for writ of certiorari. Argument for granting the writ: Petitioner filed a habeas challenge to the BOP’s calculation of the actual length of his sentence, but when the district court failed to act on his petition until after the petitioner had already been placed on supervised release. The district court dismissed his case as moot, concluding it had no authority to shorten the length of his supervised release and the U.S. Court of Appeals for the 10th Circuit affirmed. The courts of appeal are split whether a federal prisoner’s habeas petition challenging the length of his incarceration remains justiciable while he is on supervised release. Moreover, the Federal Bureau of Prisons is responsible for calculating inmate sentences; the Tenth Circuit’s rule would allow the BOP to insulate its sentence computations from review by dragging out litigation until an inmate is released. Authors: Thomas S. Leatherbury and Kimberly R. McCoy, Vinson & Elkins LLP, Dallas, TX.

Rubashkin v. United States, U.S. Sup. Ct., No. 11-1203, decision below 655 F.3d 849 (8th Cir. 2011). Judicial Misconduct—Motion for New Trial. Amicus curiae brief of the National Association of Criminal Defense Lawyers and the Aleph Institute in support of the petition for certiorari. Argument: Extensive ex parte pretrial contacts between the trial judge in the prosecutor in planning the defendant’s arrest and prosecution, coupled with the judge’s failure to disclose those contacts, raise fundamental substantive and procedural due process issues. The court of appeals’ requirement that grounds for granting a new trial based on newly-discovered evidence of judicial misconduct would probably lead to an acquittal was erroneous and the decision below should be reversed. Author: Nathan M. Crystal, Crystal & Giannoni-Crystal, LLC, Charleston, SC.

NACDL on Twitter

NACDL has an official Twitter account, @NACDL, and now has 1,643 followers. Getting set up on Twitter is easy and free, just visit http://twitter.com/ and click "Get Started -- Join." You can even watch an instructional video by clicking the "Watch a Video" button on the top right of the welcome screen before you join. Once you have set up your account, click "Find People" on the top right hand side of the screen and search for "NACDL" (no quotation marks necessary). Then, you just need to click the "Follow" button. Thereafter, everything we post to Twitter will come through on your Home page feed, like a news wire service. You can also check out NACDL's Tweet by simply clicking http://twitter.com/NACDL

It is suggested that you familiarize yourself with the "terms" of use to which you can link from the bottom of the screen on Twitter. Also, please note that the fact of your following NACDL on Twitter, as well as your posts, are generally visible to the public. Information about blocking people from following you, as well as all other information concerning privacy and usage issues, is available on the Twitter site. 

Please send any thoughts or recommendations about NACDL's Twitter presence to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at idominguez@nacdl.org.

NACDL on Facebook

NACDL is on Facebook. Recently, Facebook changed the way member groups operate, so to keep up with all of NACDL's updates, please be sure to "like" the NACDL Public Page (http://www.facebook.com/NACDL), which now counts 2,158 fans following NACDL's work. Through this initiative, selected NACDL content such as press releases, CLE information and materials, information on becoming a member, and similar publicly-available NACDL content, is being distributed through Facebook.

You should be aware that, to some degree, Facebook permits you to control what information others see about you on Facebook, just go to "account" on the top right and within that "privacy settings" as you set up or adjust your account settings. Please be aware that, if you join, you will be listed on Facebook as a member of this group and your profile will be accessible in accordance with your settings and Facebook's policies. So be sure to fully acquaint yourself with Facebook's terms of service and privacy representations as you carefully consider whether to join and, if you do, what information you post, exchange, or message through this platform. 

You can use this link to get directly to NACDL's Public Page. And if you are not on Facebook, signing up is free and easy at www.facebook.com. Please send your thoughts or recommendations about NACDL's presence on Facebook to NACDL's Deputy Director of Public Affairs & Communications Ivan J. Dominguez at idominguez@nacdl.org.

Recent NACDL Letters and Member Testimony

May 3, 2012, NACDL and NAFD Advocacy Letter on H.R. 4970, the “Violence Against Women Reauthorization Act of 2012” 

April 23, 2012, Coalition Letter to the Senate on the Violence Against Women Reauthorization Act of 2012 (“VAWA”) (S. 1925) 

April 18, 2012, NACDL Letter on the House Judiciary Crime Subcommittee Hearing on The Prosecution of Former Senator Ted Stevens 

March 28, 2012, NACDL Letter on the Senate Judiciary Hearing on the Special Counsel's Report on the Prosecution of Senator Ted Stevens 

CJA Panel Attorneys for Washington, DC

The D.C Court of Appeals is accepting applications for membership to the panel of attorneys who may be appointed to represent indigent criminal appellants. The announcement is available here. The Court is looking for well qualified attorneys and is particularly hoping to expand the panel to include more attorneys who are bilingual.

Sprint Nextel Discount for NACDL Members

It pays to be a member of NACDL! Sprint Nextel is pleased to offer a wireless discount program to members of the NACDL. As a NACDL member, you are eligible to receive discounts on your Sprint Nextel wireless services. Whether you are a new or existing Sprint or Nextel customer, you can take advantage of these savings.

Start saving now! Visit us online to learn more about Sprint's discount, products and services at www.sprint.com/nacdl. 

Save Up to 26% on FedEx Office and FedEx Delivery Services 

NACDL members can already save up to 26% on select FedEx® shipping services. Now you're entitled to save up to 20% on select FedEx OfficeSM copy and print services and 10% off other select services at more than 1,800 FedEx Office locations. It's now even easier for you to save time and money with FedEx. Sign-up is free, and there are no shipping, copy or print minimums. For more information or to enroll in this program, please click here and enter pass code 984K22 or call 1-800-MEMBERS, your dedicated shipping program administrator at 1.800.636.2377 (8 a.m.–6 p.m. EST, M-F).

*FedEx shipping discounts are off standard list rates and cannot be combined with other offers or discounts. Shipping discounts are exclusive of any FedEx surcharges, premiums or special handling fees and are not available to package consolidators. Eligibility for discounts subject to FedEx credit approval. Eligible services subject to change. Base discounts on FedEx Express® are 15%-21%. An additional 5% discount is available for eligible FedEx Express shipments when you ship online at fedex.com. Discounts are subject to change.

NACDL Webinar: Defending Healthcare Fraud


Join NACDL Thursday, May 31, 2012 at 5:30 pm ET for a unique 2-hour White Collar program on "Protecting Your Client's Health: The Criminal, Civil and Administrative Consequences of the Anti-Kickback Statute."

Panel Topics:

  • Dissecting the Enforcement Landscape and Recent Trends
  • The Nuts and Bolts Defense Against Kickback Allegations
  • Preventing and Addressing Industry Exclusion


  • Laura Perkovic, Law Office of Laura Perkovic, Missoula, MT and COO and General Counsel, Frontier Health Information


  • Meredith Auten - Morgan Lewis, Philadelphia, PA
  • Jeffrey E. Marcus - Kenny Nachwalter, Miami, FL
  • Marcos E. Hasbun - Zuckerman Spaeder LLP, Tampa, FL

Registration Fees:

  • FREE to attend LIVE
  • $50.00 to view remotely via Webcast


NACDL Webinar: Going Behind the Lab Report and Into the Forensics Lab: What the Labs Don't Want You to Know


Join NACDL on Thursday, June 14, 2012 at 12:30 pm ET for a new WebinarGoing Behind the Lab Report and Into the Forensics Lab: What the Labs Don't Want You to Know” presented by Janine Arvizu. In this presentation, Janine Arvizu uses the systematic deficiencies defined in the 2009 NAS Report “A Path Forward” to explain why— even without funds for expert consultation— data users should not blindly accept a laboratory’s reported results. Learn the 10 essential steps to take in every case involving evidence subjected to a laboratory.

Webinar Date
: Thursday, June 14, 2012
Webinar Time: 12:30pm ET
Registration Cost: $25.00 


NACDL’s 55th Annual Meeting in San Francisco - Talk to Me: Ultimate Voir Dire.


Register today for NACDL's 2012 Annual Meeting & Seminar being held at the Westin St. Francis Hotel in San Francisco, CA, July 25 - 28, 2012!

This program is designed to provide criminal defense counsel with the most effective voir dire approaches and techniques needed to conduct comprehensive jury selection. You will specifically learn how to find jurors that may be favorable to your client's case, to properly convey the defense's reasoning, framing of factual issues, how to humanize the client, building trust and credibility with the jurors, how to determine biases, prejudices and attitudes of jurors, and how to effectively set forth and convey legal principles.

Learn the principles of voir dire, how jurors really think and decide, and how to find the jurors of your dreams! Join your colleagues from around the country in San Francisco – Register today! 


DWI Means Defend With Ingenuity Seminar in Las Vegas - Register Today!


Register today for NACDL & NCDD's 16th Annual DWI Means Defend With Ingenuity® Seminar "Getting the 'Not Guilty' Vote" being held at Caesars Palace Hotel & Casino, October 18-20, 2012.

Join us for the biggest gathering of DUI Defense Lawyers in the country, featuring the most current content, presented by an unmatched faculty; it is indeed the most appealing choice this election season! If you've experienced other local DUI seminar options and found yourself left wanting, perhaps now is the time to consider a new candidate!

This year's program-which is headlined by F. Lee Bailey, Bubba Head, and Troy McKinney - consists of one day of general session presentations, a second day of split tracks allowing you to select your area of focus, and a third with your choice of multiple workshops for small group, intense, and focused learning in the areas you need the most help.

Register today! 


Defending Sexual Assault & Child Abuse Cases Seminar in New Orleans - Register Today!


Register by June 29, 2012 and receive $35 off full seminar registration fee!

Registration is now open for NACDL's 2012 Fall Seminar Anything But "The Big Easy": Defending Sexual Assault & Child Abuse Cases being held at the Astor Crowne Plaza Hotel, New Orleans, LA, October 24 - 27, 2012.

Effectively defending sexual assault and child abuse cases is becoming increasingly difficult. Join us in New Orleans for this comprehensive 2-day program and leave with a better understanding of modern defense strategies for confronting such brazen allegations.

Register today! 


Join NACDL’s “The List” for exclusive access to live and self-study CLE savings!


NACDL is now offering EXCLUSIVE discounts of up to 50% off on live and self-study CLE when you subscribe to “THE LIST”! Sign-up for THE LIST now and take advantage of these huge discounts on the CLE you need at the best possible rates!

How does it work?

  • Simply Click Here to sign up for THE LIST 
  • You will immediately receive an e-mail confirming you are now a member of THE LIST 
  • You will receive up to (3) e-mails a month with special savings on live and self-study CLE
  • Access. Shop. Save – it’s that easy!

At any point, you can opt-out from THE LIST e-mails through your online member profile.

So what are you waiting for? Sign-up today and get on THE LIST for your access to huge savings, exclusive discounts, and more!


“K-9 Dogs & Drug Searches” DVD now available. Order today and save 20%!


Order your copy of NACDL’s new DVD “K-9 Dogs & Drug Searches” today! Florida criminal defense practitioner Jeffrey Weiner offers a high-energy, in-depth, and inspirational presentation in this 1.5 hour program. He addresses the history of K-9 use, current case-law, and provides a LIVE drug dog demonstration assisted by police K-9 trainer Andy Falco. In this demonstration, you will see a drug dog in action, learn how they are trained, how they are meant to be used, and how they can be manipulated or led to alert when used incorrectly.

Order before Wednesday, May 30th and save 20% off the regular price of the DVD! Enter Promotional Code K9DS at check-out and click "update cart" when placing your order online and your savings will be deducted.

Regular Price: $125 DVD
Sale Price: $100 DVD

Up to 1.5 General Self-Study CLE Credits available where applicable. Order today!


NACDL's “Defending Drug Cases IV” DVD - Order Yours Today!


NACDL's newest Drug DVD release, "Defending the Drug Case IV" is now available!

Gain a better understanding of modern drug cases and strategies to better represent your clients before, during, and after trial. Whether you are new to drug cases or a seasoned practitioner - you are sure to find strategies that will help you succeed in your next drug case on this encompassing 13-hour DVD! 

Presentations Include: 

  • Collateral Consequences of Drug Convictions - Complying with Padilla - Paola Armeni 
  • GPS Cases: Battling 21st Century Surveillance - Susan Walsh
  • Highway Stops & Searches - Chuck Ward
  • Strategies in Drug Cases - Randy Schaffer
  • Defending Difficult Clients - Shawn Holley
  • And many more! 
Order today!


NACDL's Legal Ethics for Criminal Lawyers II DVD - Order Yours Today!


NACDL's latest self-study DVD release, "Legal Ethics for Criminal Defense Lawyers II" is now available! Get the ethics credit you need before the summer filing deadline and be prepared! 

Presentations Include:

  • Doing Right by your Client While Doing Right: Ethics and Client-Centered Representation - Jonathan Rapping
  • If It Feels Bad, Don't Do It! - Michael Stepanian
  • An Ethical Imperative - Leaving No Stone Unturned During Investigation and Trial Presentation -Frank Addario, Jay Clark, & John Rosen 
  • Ethically Winning New Clients -Evan Levow
  • Ethics for the Criminal Lawyer -Martin Pinales 
  • Ethically Dealing with Modern Evidence - Heather Williams

Click here to order today!


Searching for new clients? Check out NACDL’s New Affinity Partner – LawyerOwl!


LawyerOwl.com was created by a practicing lawyer and a client, for lawyers and clients. LawyerOwl’s automated system uses over 2,700 data points to match lawyers with potential clients. Sign-up today and receive a 15% discount when you apply the NACDL Member discount code: Ep9XrhU2ef 


NACDL Members Save on Verizon Wireless fees and accessories!


NACDL members can now save up to 22% off on Verizon Wireless monthly access fees and 25% off eligible wireless accessories from NPP! This new member benefit allows you to enjoy discounts on corporate Verizon accounts, as well as, adding new lines to your friend and family plans. Minimum of 5 lines required.

Take advantage of this great offer from NPP and learn how your NACDL membership adds up to savings for you!


Affiliate CLE Calendar

June 1-2
ArkansasAACDL's "Betting on Justice XII" CLE Seminar
Gold Strike Casino, Tunica, Mississippi
Contact: AACDL's Executive Director Virginia Kulpanowski at (501) 412-8992 or e-mail arkcrimlaw@yahoo.com  

June 7-8
NACDL's 2nd Annual West Coast White Collar Seminar

Location: Hyatt Regency Resort and Spa, Lake Tahoe, NV
Contact: NACDL's Education Assistant Akvile Athanason at (202) 872-8600 ext. 230 or e-mail aathanason@nacdl.org. For more details, visit our meetings Web site at www.nacdl.org/meetings

June 7-10
FloridaFACDL's 25th Annual Meeting
Ritz-Carlton, Naples, Florida
Contact: FACDL's Executive Director Kathryn Bradley at (850) 385-5080 or e-mail kbradley@facdl.org 

June 7-9
Texas25th Annual Rusty Duncan Advanced Criminal Law Course
Henry B. Gonzalez Convention Center, San Antonio, Texas
Contact: TCDLA's Executive Director Joseph Martinez at (512) 478-2514 or e-mail jmartinez@tcdla.com 

June 7-9
WashingtonWACDL's 25th Anniversary Annual Conference "Digital Data: What's There, How to Get It, How to Use It"
Campbell's Resort at Lake Chelan, Chelan, Washington
Contact: WACDL's Program Assistant Theresa Vu at (206) 623-1302 or e-mail theresa.vu@wacdl.org 

June 8
New MexicoNMCDLA's Annual Summer Meeting "Search and Seizure: New Issues and Current Case Law" 
Albuquerque, New Mexico
Contact: NMCDLA's Executive Director Cathy Ansheles at (505) 992-0050 or e-mail cathy@nmcdla.org 

June 14-16
AlabamaACDLA's Summer Seminar & Annual Meeting “Justice Must Be Won XX: Back to the Basics”
Pensacola Beach Hilton, Pensacola Beach, Florida
Contact: ACDLA's Executive Director Ann Cooper at (334) 272-0064 or e-mail annscooper@acdla.org 

June 14-16
OregonOCDLA's Annual Conference
Seventh Mountain Resort, Bend, Oregon
Contact: OACDL's Executive Director John Potter at (541) 686-8716 or e-mail jpotter@ocdla.org 

June 17-30
GeorgiaNCDC's Trial Practice Institute
Mercer Law School, Macon, Georgia
Contact: NCDC's Executive Director Rosie Flanigan at (478) 746-4151 or e-mail rosie@ncdc.net 

June 22
Louisiana: LACDL's Evidence One Day CLE Seminar
Mandeville, Louisiana
Contact: LACDL's Executive Director David Tatman at (225) 767-7640 or e-mail david@tatmangroup.com 

June 22
TennesseeTACDL’s Legislative & Case Law Update 
AT&T Auditorium, Nashville, Tennessee
Contact: TACDL’s Executive Director Suanne Bone at (615) 329-1338 or e-mail suannebone@tacdl.com 

Stay Up-To-Date on NACDL News & Issues

DUI Listserve 

The focus of this listserve is DWI / DUI issues. Click here to learn how to subscribe and to review the listserv policies and guidelines.

Eyewitness Identification 

The focus of this listserve is eyewitness identification. In addition to open participation by NACDL members, NLADA members are invited guests to this listserve. Click here to learn how to subscribe and to review the listserv policies and guidelines.

Forensic Evidence Listserve 

The focus of this listserve is issues surrounding forensics. In addition to open participation by NACDL members, NLADA members are invited guests to this listserve. Click here to learn how to subscribe and to review the listserv policies and guidelines.

The Young & New Lawyers Listserve 

For criminal defense lawyers who are new to the profession, or just starting out in private practice. Generally, lawyers under 40 years of age, or in their first five years of practice. We also encourage you to participate if you are getting your start in private practice after spending time clerking, working as a DA or PD, or are leaving a firm to start your own practice. More experienced lawyers who have a gift and dedication to mentoring are encouraged to participate and offer advice and share their experience with younger colleagues. It's a place for attorneys getting their start - in whatever way - to get to know each other and to learn from more experienced colleagues. It is a forum where you can ask questions about all those things you need to know that they don't teach in law school. Click here to learn how to subscribe and to review the listserv policies and guidelines.

NACDL Listserve 

The NACDL listserv helps facil related matters. Subscription is free and limited to active NACDL members. Click here to learn how to subscribe and to review the listserv policies and guidelines. So far, more than 700 members have joined.

Questions, comments, or news items?

E-mail or call Director of Public Affairs & Communications Jack King at (202) 465-7628 or E-mail or call Deputy Director of Public Affairs & Communications Ivan Dominguez at (202) 465-7662.

Please feel free to pass along the E-NEWS to friends. Ask them to click here to become a member. 


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