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NACDL E-News

June 29, 2017; Vol. 16 No. 06

NACDL to Host Inaugural Presidential Summit & Seminar, Race Matters: The Impact of Race on Criminal Justice; NACDL and FCJ Scholarships Available for Public Defense Providers

NACDL will convene an Inaugural Presidential Summit and Seminar, Race Matters: The Impact of Race on Criminal Justice. The program will be held at the Greektown Hotel, Detroit, MI, on Sept. 14-15, 2017. Need-based and public defense provider scholarships are available for this program. 

"It is well-known that race plays an insidious role in most realms of American society, including in its criminal justice system," said NACDL President Elect Rick Jones, who has called for this summit and seminar. "This program will provide criminal defense lawyers with the latest research and tools to change outcomes in their day-to-day work as advocates and attorneys seeking to uphold the highest constitutional principles of fairness and due process." 

"We have put together an incredible faculty including many of the nation's leading experts in this area," said Program Co-Chair Cynthia W. Roseberry. "We've made sure that those who attend will find themselves challenged and engaged by the materials, presenters, and two-day discussion. I am confident that participants will leave this program equipped to attack racial bias in the criminal justice system." 

To learn more about and to register for the #RaceMattersSummit, click here. If you are interested and eligible to apply for a need-based or public defense scholarship to attend the program, just click the "scholarships" button on the summit landing page linked here

And to learn more about the impact of and support for NACDL and the FCJ-supported public defense trainings and scholarship program, click here to read Educating for JusticeTraining Public Defense Providers to Elevate the Sixth Amendment

Read more here.

Joint Announcement: Restoration of Rights Project

On June 28, 2017, the Collateral Consequences Resource Center and its partner organizations, NACDL, the National Legal Aid & Defender Association, and the National HIRE Network, announced the launch of the newly expanded and fully updated Restoration of Rights Project.

The Restoration of Rights Project is an online resource that offers state-by-state analyses of the law and practice in each U.S. jurisdiction relating to restoration of rights and status following arrest or conviction. These jurisdictional profiles address areas such as loss and restoration of civil rights and firearms rights, judicial and executive mechanisms for avoiding or mitigating collateral consequences, and provisions addressing non-discrimination in employment and licensing. In addition, a set of 50-state comparison charts summarizes the law in each jurisdiction and illustrates national patterns in restoration laws and policies. The Restoration of Rights 

Project is available now at: http://restoration.ccresourcecenter.org.

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, D.C. 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. This will take place on the morning of January 16, 2018. 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 13, 2017. Interested members should contact Lisa Ama Schrade, NACDL's National Affairs Assistant, at (202) 465-7638 or lschrade@nacdl.org, for further instructions.
NACDL First Amendment Strike Force and Mass Defense Unit Seeks Volunteers

NACDL has a long tradition of fighting to protect constitutional principles and standing up for the individual against the government. In keeping with that tradition, the Foundation for Criminal Justice (FCJ) and NACDL have established a First Amendment Strike Force and Mass Defense Unit. The goal of this project is to provide qualified counsel to represent protesters when the exercise of First Amendment rights results in arrest and prosecution. Specifically, NACDL supports a cadre of criminal defense lawyers who will be available to provide pro bono assistance to protesters throughout the country in the event of mass arrests. For those lawyers who volunteer, NACDL will maintain a database of available counsel and provide training and support at no cost. 

Lawyers wishing to volunteer, please send an email to firstamendment@nacdl.org providing your bar number and indicating the state(s) in which you are admitted and are willing to provide pro bono assistance in the event of arrests related to mass protests. 

Please stay tuned for a formal announcement from NACDL and FCJ of the launch of this initiative, once the infrastructure is in place.

Free CLE Opportunity July 13 & 14 in Provo, UT: Advanced Topics in Criminal Defense

NACDL and the Utah Association of Criminal Defense Lawyers (UACDL) are providing a free CLE offered primarily to attorneys in Utah who provide public defense services, either as full-time institutionally employed defenders or part-time court-appointed or contract counsel. Advanced Topics in Criminal Defense will take place on July 13 & 14, 2017 at the Brigham Young University School of Law in Provo, UT. Public defense providers are increasingly being asked to do more with less, and attorneys must be experts in a wide variety of subjects in order to be effective, especially as new forensic disciplines such as digital surveillance have entered the courtroom and greater understanding has emerged of the fallibilities of other types of evidence, such as eyewitness identification. Professional obligations are heightened as the consequences associated with criminal convictions are more serious than ever before. At the same time, caseloads are higher and budgets are tighter, meaning attorneys often lack the time and resources to provide the level of service that they would like for their clients. This course seeks to address some of these issues by covering a variety of topics including building a strong attorney-client relationship, understanding DNA evidence, keeping pseudo-science out of the courtroom, and pushing back against unreasonably high workloads. The program is funded by a cooperative agreement awarded by the Bureau of Justice Assistance and space has been provided by the generosity of BYU School of Law. 

For more information - including the full agenda - and to register, please click here. Although the program is primarily geared toward public defense providers, NACDL expects to be able to accommodate some private practitioners as well, if space allows. Questions can be directed to Diane Price, dprice@nacdl.org.

Record Advocacy Participation among NACDL Members
In recent months, NACDL members have been actively engaged in reaching out to their elected officials to combat the rising trend of "tough-on-crime" criminal justice bills and policies, while pushing for reforms that will reduce the nation's prison population, halt the expansion of the death penalty, reform sentencing structures, and reduce the collateral consequences of conviction. This year, NACDL members have sent over 2,200 letters to elected officials across the county! Let's continue the momentum - visit here to stay abreast on all NACDL state and federal action alerts.
Legislative Advocacy

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

State Legislative Tracking 

Click here for a complete listing of all legislation NACDL is currently tracking, sorted by issue area. Under each issue area you can either view legislation in select states or view all legislation. To jump to your particular state of interest, just click on the state on the map.

Advocacy Resources: What NACDL Can Do for You 

Visit NACDL's Take Action webpage 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.

Federal Action Alerts

Act Now to Stop Congress from Fueling the War on Drugs 

NACDL is continuing to see a trend of "tough-on-crime" criminal justice bills and policies, some of which seek to add fuel to the failed War on Drugs. The latest bill following this trend is the Stop Importation and Trafficking of Synthetic Analogues Act of 2017.

H.R. 2851/S. 1327 would expand the penalties for drug offenses, add mandatory minimum sentences to the federal code, and give the Attorney General power to decide which drugs should be criminalized and to set criminal penalties. Earlier this month, Attorney General Jeff Sessions pinned an op-ed in the Washington Post to justify his policy directive rolling back the Smart of Crime policy and reinstituting the use of mandatory minimum drug sentences. Help NACDL push for meaningful criminal justice reforms that will reduce the nation’s prison population, reform sentencing structures, and push back against regressive "tough-on-crime" legislation such as this.

Ask your members of Congress to oppose bringing back the War on Drugs!

Act Now to Stop ICE Agents from Making Arrests at Courthouses 

Since the onset of the new administration, there has been an increase in Immigration and Custom Enforcement (ICE) agents making arrests at courthouses and other sensitive locations. These incidences have already occurred in Denver, New York, Los Angeles, and other cities around the country.

Fortunately, legislation has been introduced to curb this practice - the Protecting Sensitive Locations Act (H.R. 1815 and S. 845). These bills would codify limits on immigration enforcement actions at or near sensitive locations, and would expand the definition of sensitive location to include any federal, state, or local courthouse, including the office of an individual’s legal counsel or representative, and a probation office (among other additional locations).

Act now to support legislation to curb this troubling practice. Ask your members of Congress to support H.R. 1815 and S. 845.

Take Action to Support Expanding Federal Expungement Eligibility  

The Record Expungement Designed to Enhance Employment Act, or the REDEEM Act, H.R. 1906/S. 827, would automatically seal and, in some cases, expunge juvenile records. It would also allow adults convicted of nonviolent crimes to petition a court to have their records sealed.

Help NACDL reduce the collateral consequences of returning citizens by contacting your Member of Congress today and urging them to support the REDEEM Act!

Take Action to "Ban the Box" 

Legislation to "Ban the Box" at the federal level has been reintroduced this Congress. The Fair Chance Act, H.R. 1905/S. 842, would require the federal government and federal contractors to postpone a request for criminal history information from job applicants until the applicant has received a conditional offer of employment.

Help NACDL reduce the barriers to employment for formerly incarcerated people by contacting your Member of Congress today!

Act Now to Prevent the Expansion of the Federal Death Penalty 

Currently pending in Congress is a bill, H.R. 115, that would expand the federal death penalty statute by adding a 17th statutory aggravating factor for the killing or attempted killing of a law enforcement officer, firefighter, or other first responder who dies while engaged in the performance of his or her official duties or because of his or her status as a law enforcement officer. The House passed the measure with a vote of 271-143. Contact your Senators today and urge them to oppose H.R. 115!

Register Now for NACDL’s 16th Annual State Criminal Justice Network Conference
NACDL's 16th Annual State Criminal Justice Conference - Moving Forward, Forging On: Effective & Creative State Criminal Justice Reform - will take place in San Francisco, CA from July 26-28, 2017. Registration is still open for this informative conference that will feature panels on policing, race, public defense, mens rea, bipartisanship, and much more. Please join NACDL and engage with attorneys and advocates around the country seeking state criminal justice reform. Registration for members is $150, $175 for the general public, and $25 for all students.
Sign Up to Receive the Daily Criminal Justice Briefing Today!
The Daily Criminal Justice Briefing compiles the most important criminal justice stories from around the country and the world from major journals and media outlets affecting the criminal defense profession. This exclusive NACDL member benefit is prepared and issued by NACDL's Public Affairs and Communications team six days a week. To sign up, subscribe to the "Daily Criminal Justice Briefing Community" in your NACDLConnect Account.
Save the Date for Two Upcoming NACDL Webcasts in July

On July 6, 2017 at 10:00 a.m. ET, NACDL will present Voir Dire in Trials of the Taboo: Winning in the Beginning of Jury Trials with Claimed Vulnerable Victims. Shaken baby murder, child sex abuse, and criminal abortion are all crimes with vulnerable victims, but are also taboo topics that can result in "not guilty" verdicts. To reach these verdicts, attorneys need to know that trials can be won by representing human beings at the beginning of trial who the jury can immediately know and relate to. This presentation will discuss successful strategies, techniques, questions, and tools for doing just that.

On July 11, 2017 at 10:00 a.m. ET, NACDL will present Racial Profiling & the Fourth Amendment. The news regularly reports heartbreaking tales of a person dying at the hands of law enforcement officers. The face of the deceased is disproportionality black or brown. Of course this phenomenon is not new, but it is now being caught on camera and disseminated for all to consume. As the issues surrounding race and the Fourth Amendment are discussed openly, it is clear that it is time for criminal defense lawyers to dig in and fight for change in the system. Specifically, attorneys must address the impact of racial profiling on their clients and articulate that this profiling must be factored in to the court's Fourth Amendment analysis. This Webinar will delve into the standards set forth by the United States Supreme Court and the ways in which criminal defense attorneys can use those standards to combat seizures that run afoul of the Fourth Amendment.

For more information and to register for both of these webcasts, click here.

NACDL Election Update
No candidacy petitions were received by the deadline. Consequently, the nominees of the Nominating Committee will be declared elected by acclamation at NACDL's upcoming Annual Meeting. Learn more here.
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In Other News

Upcoming Committee Meetings
Dates and times will be available by July 10.

Upcoming CLE Events
View the Calendar

Recent Updates to Restoration of Rights Project
View Restoration of Rights Project

Employment Opportunities
View Employment Opportunities

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