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August 31, 2016; Vol. 15 No. 08

NACDL Presidential Candidate Survey: Ask The Candidates for Official Positions on Criminal Justice Policy

NACDL is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. In this capacity, NACDL is canvassing its members and others in the criminal defense bar and community for their input in connection with questions NACDL will be submitting to the following candidates for President – Hillary Clinton (D), Donald Trump (R), Jill Stein (G), and Gary Johnson (L). (Ballotpedia identifies these as having been (1) nominated by their party for the presidency and (2) featured in at least three major national polls.)

Please take a few minutes to be a part of this important project. Just use this link by the close of business on Tuesday, September 6, to share your view of the most important questions and concerns about the criminal justice system that should be raised with the candidates in NACDL's questionnaire.


Barry J. Pollack Sworn in as 2016-17 President of NACDL

Barry J. Pollack of Washington, DC was sworn in as President of NACDL by United States District Judge Amit P. Mehta at the Association's Annual Meeting in Palm Beach, FL, on August 13. 

"There is no more powerful advocate for fairness in the criminal justice system than NACDL," Mr. Pollack said. "I am honored to be selected to serve as the President of such a vitally important organization. Indeed, I am a far better lawyer and better person today because of what I learn from my NACDL colleagues. Individually, we help one client at a time, and together we are transforming criminal justice in this country."

Read more here.

2016-17 Newly Elected and Re-Elected Officers and Members of the Board of Directors Installed at Annual Meeting

NACDL installed newly elected and re-elected officers and directors at its Annual Board and Membership Meeting in Palm Beach, FL, on August 13.

NACDL's newly elected and re-elected officers and directors:

Executive Committee  

President:  Barry J. Pollack (Washington, DC) 
President-Elect:  Rick Jones (New York, NY) 
First Vice President:  Drew Findling (Atlanta, GA) 
Second Vice President:  Nina J. Ginsberg (Alexandria, VA) 
Secretary:  Chris Adams (Charleston, SC)
Treasurer:  Jerry Cox (Mt. Vernon, KY) 

Board of Directors 

Jeff Adachi – (San Francisco, CA)
Andrew Birrell – (Minneapolis, MN)
Maureen Cain – (Denver, CO)
Tanya Greene – (Brooklyn, NY)
Stephen Ross Johnson – (Knoxville, TN)
Mike Klinkosum – (Raleigh, NC)
Lindsay Lewis – (New York, NY)
Norm Mueller – (Denver, CO)
Todd Pugh – (Chicago, IL) (affiliate representative) 
Martin Sabelli – (San Francisco, CA)
Alan Silber – (Hackensack, NJ)
Kristina Supler – (Cleveland, OH)
Michelle Tuegel – (Waco, TX)
CeCelia Valentine – (Phoenix, AZ)

Christie Williams (Austin, TX) was appointed Parliamentarian by NACDL President Barry J. Pollack at the August 13th meeting of the Board of Directors. Directors Jeff Adachi (San Francisco, CA) and Melinda Sarafa (New York, NY) were selected to serve on NACDL's Executive Committee.

New York City Attorney Rick Jones Receives NACDL’s Prestigious 2016 Heeney Award

New York City attorney Rick Jones has been chosen as the 2016 recipient of NACDL’s Robert C. Heeney Memorial Award. He received the award at the Association's annual membership meeting on August 13 in Palm Beach, FL. This highly prestigious honor is presented annually to the NACDL member who best demonstrates the goals and values of the Association and of the legal profession. Rick was also installed as NACDL's President Elect at NACDL's annual board meeting.

"Rick's tireless service to the criminal defense bar is only matched by his unwavering commitment to his clients," said NACDL’s Immediate Past President E.G. "Gerry" Morris. "His passionate work both around the United States and in countries abroad has inspired those around him to join in championing the fight for a more just and equitable public defense system. In all of his work, Rick embodies the values and goals of NACDL. I am incredibly pleased to present Rick with this year's Robert C. Heeney Memorial Award, an honor that is supremely well-deserved."

Read more here.

South Carolina State Senator Gerald Malloy Receives NACDL’s Champion of State Criminal Justice Reform Award

Gerald Malloy, a private attorney and state senator from South Carolina, was honored on August 12, 2016 with NACDL's Champion of State Criminal Justice Reform Award at NACDL's 15th annual State Criminal Justice Network conference in Palm Beach, FL. The award recognizes an individual or group whose exceptional efforts have led toward progressive reform of a state criminal justice system, and Malloy is the first legislator to receive this award.

"Senator Malloy's constant efforts to reform South Carolina's criminal justice system and create a safer community for his constituents demonstrate his passion and dedication towards creating a fair and just system for all people," said NACDL's Director of State Legislative Affairs and Special Projects Angelyn Frazer-Giles. "On behalf of NACDL's State Criminal Justice Network, I am proud to present this award to Senator Gerald Malloy."

Read more here 

Alexander Bunin Receives NACDL’s Champion of Public Defense Award

Harris County Chief Public Defender Alexander Bunin was presented with NACDL's Champion of Public Defense Award at its 59th Annual Meeting in Palm Beach, FL, on August 11. This award recognizes an individual for exceptional efforts in making positive changes to a local, county, state, or national public defense system.

"Alex Bunin exemplifies the best of our profession," said NACDL's Immediate Past President E.G. "Gerry" Morris. "His distinguished career is marked with example after example of his enduring dedication to providing the highest quality representation to those without means to employ counsel. Everywhere he has been, he has been instrumental in providing outstanding representation for his clients, training other lawyers to do the same, and either establishing or improving the public defender organizations. He is truly deserving of the title, Champion of Public Defense."

Read more here.

President Obama Announces Two Sets of Clemency Grants, Each with Over 100 Commutations

On August 3, President Barack Obama commuted the sentences of 214 prisoners, 118 of whom were applicants whose petitions were supported by Clemency Project 2014. And on August 30, the President commuted 111 prisoners, 72 of whom had petitions supported by the Project. The August 3 set was more than double the number of commutations granted on any single day thus far during President Obama's tenure. The two sets bring the total number of commutations granted by President Obama since taking office to 673, 301 of whom had petitions supported by the Project.

After the second set of grants on August 30, Clemency Project 2014 Project Manager Cynthia Roseberry said: "Today's grants come only a few weeks after the President granted a record number of clemency petitions. On behalf of the Project and the countless people it serves, I want to express how pleased I am with the continued commitment that President Obama has shown toward commuting sentences. We are looking forward to many more grants during the remaining months of President Obama's term in office."

The Foundation for Criminal Justice (FCJ), among other groups and individuals, has provided critical financial resources for Clemency Project 2014, including right at the start to help get the Project off the ground.

Read more here and here.

Louisiana Flood Relief
NACDL members and others can help those affected by the historic flooding in Louisiana. The Baton Rouge Area Foundation has set up a Louisiana Relief Fund. You can learn more about that here. And the Louisiana State Bar has a resource as well called Support of Lawyers/Legal Personnel – All Concern Encouraged (SOLACE), linked here.
Group Admission to the Bar of the U.S. Supreme Court

NACDL is once again pleased to sponsor an opportunity for up to 12 members to participate in a group admission ceremony to the Bar of the U.S. Supreme Court in Washington, DC. Participation in this ceremony, in which admittees are administered the oath of admission by the Chief Justice of the United States in the well of the Supreme Court, will be available to the first 12 qualified members on a first-come, first-served basis and will take place on the morning of January 9, 2017. Members will be responsible for their own travel arrangements, must be in good standing with a state bar for a minimum of three years, and must submit their completed application materials to NACDL by November 7, 2016.

Interested members should contact Lisa Ama Schrade, NACDL's National Affairs Assistant, at (202) 465-7638 or lschrade@nacdl.org, for further instructions.

Spread the Word about The Right to Counsel National Campaign
NACDL is a proud consortium and steering committee member of the Right to Counsel National Campaign. This Bureau of Justice Assistance-led initiative is spearheaded by a consortium of national, state, and local criminal justice stakeholders, community advocates, and policymakers who are committed to ensuring the fulfillment of the Sixth Amendment right to counsel and the effective delivery of public defense services. To learn more and spread the word on the importance of public defense, like the campaign on Facebook and follow it on Twitter. And you can join the conversation by using the hashtag #right2counsel.
Surveillance Self Defense: A Series of NACDL Primers
The Fourth Amendment is being redefined in the digital age. Surveillance programs and technologies that were ostensibly created and implemented to combat terrorism are being used in every aspect of the criminal justice system and are impacting Fourth Amendment protections in criminal cases as well as litigation strategies. NACDL is producing a series of primers to introduce different surveillance programs and techniques to defense lawyers and provide strategies and resources to combat these new challenges in cases. In this ongoing project, the first three primers focus on Automated License Plate Readers, Cell Phone Location Tracking, and Cell Site Simulators - they are available on NACDL's website.
Federal Action Alerts

Act Now to Stop Expansion of Government Hacking Authority 

Recently, the Supreme Court transmitted to Congress an amendment to Rule 41 of the Federal Rules of Criminal Procedure, proposed by the Department of Justice and approved by the Advisory Committee on the Federal Rules of Criminal Procedure. Rule 41 authorizes federal magistrate judges to issue warrants for law enforcement searches and seizures. The current rule requires the government to get a warrant from a judge in the jurisdiction where they want to conduct the search (except in certain limited circumstances). The amendments to Rule 41 would allow the government to apply for warrants in one jurisdiction to conduct remote searches of computers located in another.

Act now to stop this massive expansion of government surveillance and hacking authority! Tell Congress to support the "Stopping Mass Hacking Act" and reject the changes to Rule 41! 

President Obama has "Banned the Box" – Tell Congress to do the same! 

Last year, President Obama directed the Office of Personal Management (OPM) to take action to "Ban the Box" in federal employment hiring practices, delaying inquiries into criminal history until later in the hiring process. As you may know, the Senate Committee on Homeland Security and Government Affairs reported S. 2021, the Fair Chance to Compete for Jobs Act of 2015, favorably from the committee. This legislation would go a step further by requiring federal contractors to "Ban the Box" as well. NACDL sent a letter to President Obama urging him to "Ban the Box" and signed onto the coalition letter in support of S. 2021.

Contact your Senators today and urge them to support S. 2021! 

Federal Legislative Tracking
Click here for a complete listing of all federal legislation NACDL is currently tracking. For more information on a specific bill or to learn NACDL’s position, please contact Monica Reid, NACDL's Grassroots Advocacy Manager, at mreid@nacdl.org.
Advocacy Resources: What NACDL Can Do for You

NACDL has been a constant voice in fighting for fair criminal justice policies. One way we achieve this is through our state and federal grassroots advocacy efforts. NACDL is constantly engaging our over 30,000+ active supporters through our action alert system. We track legislation in all 50 states on topics including, but not limited to, asset forfeiture, discovery reform, interrogation reform, restoration of rights, and sentencing reform. NACDL is able to provide our members and affiliates with the following: state legislative tracking and customized tracking reports; an online grassroots advocacy tool, CQ Engage, that enables us to send out targeted state and federal legislative and regulatory action alerts; advocacy training and much more!

Visit NACDL's Take Action webpage at advocacy.nacdl.org for state and federal legislative updates and action alerts. You can find more advocacy information and resources in NACDL's Advocacy Resource Library.

Please contact NACDL's Grassroots Advocacy Manager, Monica L. Reid, at mreid@nacdl.org for any advocacy question or need.

Advocacy Call on California Death Penalty Ballot Measures – Propositions 62 and 66

This November, California voters will consider two competing death penalty initiatives. Please join NACDL on Wednesday, September 14, 2016 at 4:00 p.m. ET as we discuss Proposition 62, which abolishes the death penalty, and Proposition 66, which would not only maintain the death penalty, but has the potential to cost the state even more and overburden local court resources. On this call you will hear about the two measures and learn how you can get involved in the repeal movement in that state.

Our featured guest is David Crawford, Director of Community Outreach and Education at Death Penalty Focus.

Please RSVP to the call by emailing advocacynetwork@nacdl.org. Dial-in information will be sent to each registrant prior to the call.

Have you checked out NACDLConnect lately?  In addition to the Daily Criminal Justice Briefing, NACDLConnect features three exclusive discussion groups, for members only: a General, a White Collar Crime, and a Young & New Lawyers discussion.  NACDL Members use these groups to connect with each other, share knowledge, and strategize together for the good of all. Log in at https://connect.nacdl.org! Get started today at https://connect.nacdl.org/faq1.
New Affinity Partners


NACDL members save up to 70% off at over 150,000 hotels worldwide. This member portal is free to use. No bidding required, shop by location, brand, and hotel name, and get exactly what you want—for less! Every time you book a trip, you're saving money and supporting NACDL. More>>  

Page Vault 

NACDL welcomes its newest affinity partner! Page Vault enables lawyers to easily and securely capture web content—everything from standard web pages, to blogs, and social media pages—for subsequent use as evidence in U.S. courts. NACDL members receive 10-15% off subscription services. More>> 

Townsquare Interactive 

One of NACDL's newest affinity partners is Townsquare Interactive. Members receive 25% off marketing services, and the setup fee is waived! More>> 

In Other News

Upcoming CLE Events
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Recent Updates to Restoration of Rights Project
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