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February 28, 2018; Vol. 17 No. 02

Order Your Copy! NACDL Press Publishes Groundbreaking Book by Andrea D. Lyon: "The Feminine Sixth: Women for the Defense"

On March 1, 2018, NACDL Press will release the new groundbreaking book The Feminine Sixth: Women for the Defense by Andrea D. Lyon. The Feminine Sixth: Women for the Defense probes the non-fictional accounts of women criminal defense lawyers. Set at a fictional symposium held during Women's History Month, nine accomplished lawyers reveal the unique ways in which they experience criminal defense practice, the courtroom, and their relationships with clients. With detailed insight into their personal and professional lives, this book illuminates the vital role and immense contributions of women in the profession. Each page invites the reader to travel through moments of justice and injustice, sorrow and joy, and failure and success. The Feminine Sixth: Women for the Defense offers an intimate story of those who tirelessly represent people accused of crime.

Andrea D. Lyon is a leading criminal defense attorney, legal scholar, Dean and Professor of Law at Valparaiso University School of Law, and decades-long NACDL member. Her previous works, published to high acclaim, include The Death Penalty: What's Keeping It Alive, Angel of Death Row: My Life as a Death Penalty Defense Lawyer, and the legal textbook Federal Habeas Corpus: Cases and Materials. As a 19-0 death penalty lawyer and the first woman to ever serve as lead attorney in a death penalty case, Ms. Lyon is perfectly situated to write her new book detailing the experiences of the women of the defense bar.

The Feminine Sixth: Women for the Defense is published by NACDL Press, NACDL's publishing unit.

Order your copy at www.thefemininesixth.com. Follow The Feminine Sixth: Women for the Defense on Facebook and Twitter. And join the conversation online using #TheFeminine6th.

NACDL Endorses Public Defender Office Leadership Standards; Calls on Los Angeles County Board of Supervisors to Hire Qualified Public Defender

At its midwinter meeting, NACDL’s Board of Directors adopted the resolution: Concerning Public Defender Selection.

"It is increasingly clear that there is a critical need to preserve the independence of public defenders, whether local, state, or federal and whether full-time defenders or private lawyers appointed via an assigned counsel system. This resolution addresses the question of independence as relates to the selection of public defense administrators," said NACDL President Elect Drew Findling. "Consistent with NACDL's principles and standards for public defense leadership set forth in the resolution, the Association is deeply concerned regarding the Los Angeles Board of Supervisors' selection for interim Public Defender and calls upon the Board to act quickly in recruiting and hiring a Public Defender who has a demonstrated commitment to and experience in delivering high quality, effective, and zealous advocacy on behalf of public defense clients. The Association further urges the Board to assure that the person placed in this leadership role be given the independence needed to assure that she or he works to support the needs of the Los Angeles County Public Defender’s Office, its staff, and the clients entrusted to their care."

As explained in the resolution, independent and effective leadership of public defender offices and agencies is vital to assuring those accused receive the zealous and effective representation the Constitution requires. And those directly involved in the selection, retention, and removal of public defense leaders have a vital role to play in ensuring the independence of the defense function.

A link to the resolution, which includes the principles and standards endorsed by NACDL, is available here. A link to NACDL’s letter to the Los Angeles County Board of Supervisors is available here. Read more here.

Register Now for NACDL’s Free CLE Webinar on March, 15, from 2:00 – 3:00pm ET: The Ethics and Practice of the Appellate Attorney-Client Relationship

A free NACDL webinar, The Ethics and Practice of the Appellate Attorney-Client Relationship, will be held on Thursday, March 15, 2018, from 2:00 – 3:00pm ET. This one-hour webinar will focus on the unique ethical challenges appellate attorneys encounter in their attorney-client relationships. Topics include the nature and scope of the client’s role and rights regarding the decision to appeal and the issues to be raised in the appeal; the attorney-client relationship when an attorney is pursuing an Anders brief; responsibilities when ending appellate representation; and overall communications with the client during the appellate process. Catherine French Zagurskie, Senior Appellate Coordinator with the Virginia Indigent Defense Commission, will present.

To register, click here. Up to 1.0 hours of CLE (ethics) is pending and will be available where self-study credit is authorized and approved.

Register Now for NACDL's 9th Annual Free Training for Post-Conviction Lawyers: Reinvestigating and Litigating Post-Conviction Innocence Claims

On March 22, 2018, in Memphis, Tennessee, in collaboration with the Innocence Network, NACDL presents an essential new training specifically for lawyers who handle post-conviction innocence claims. National experts will provide cutting edge instruction on reinvestigating and litigating these cases. There will be targeted sessions focused on specific issues and skills, including: digital investigation plus social media investigation tactics and ethics; investigating the police and other witnesses; recanting witnesses, specifically addressing cases with recanting experts in addition to snitches and other witnesses; investigating and litigating ineffective assistance of counsel; and the strategy and ethics of dealing with the media in innocence cases. In the afternoon, forensics will be covered, with in-depth training on time and manner of death, working with medical examiners, using experts in post-conviction hearings, and more.   

This event, held on March 22, is the day before the 2018 Innocence Network Conference, which will be held on March 23-24 in the same venue. Separate registration is required for the Innocence Network’s national event, which brings together attorneys, the exonerated, and their families for two days of educational sessions related to innocence work. 

For information and registration, visit www.innocencenetwork.org/networkconference.

For more information and registration: www.nacdl.org/postconviction 

Resources Available Free of Charge from NACDL’s Presidential Summit and Seminar: “Race Matters: The Impact of Race on Criminal Justice”

Videos of presentations, along with associated PDFs of any written materials, are now available free of charge from NACDL’s Presidential Summit and Seminar: “Race Matters: The Impact of Race on Criminal Justice.” This inaugural Presidential Summit was designed to help practitioners identify and confront issues of racial bias in our courts, the law enforcement community, by prosecutors, and yes, even the defense team. Attendees heard from trial lawyers, academics, and formerly incarcerated individuals who offered their personal perspectives, strategies, and ideas on why Race Matters. This program was created to intentionally challenge individuals to push the envelope on their understanding of and willingness to attack racial bias in the criminal justice system.

Click here to access these materials. 

NACDL's 2018 Election Notice
NACDL's 2018 election is underway. Individuals interested in running for officer positions or for the board of directors should consult NACDL’s Election Center for deadlines and procedures.
Sign Up to Receive the Daily Criminal Justice Briefing!
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.
Legislative Advocacy

Promoting Second Chances  

Last year, the U.S. Senate unanimously passed a resolution declaring April 2017 "Second Chance Month." This year, NACDL will continue to work with its partners to promote Second Chance Month and mechanisms that would provide for relief from the collateral consequences of conviction and arrest. Therefore, NACDL will be spearheading in-district lobby day visits in celebration of Second Chance Month during the week of April 1-6, 2018. 

Please complete the following survey if you are interested in participating. You may direct any questions to mreid@nacdl.org.

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 Senior Manager for Advocacy, at mreid@nacdl.org.

State Legislative Tracking  

In preparation for the 2018 legislative sessions, NACDL will be tracking two additional criminal justice issues - legislation that seeks to criminalize acts of protest ("Protest") and legislation that seeks to criminalize recording law enforcement officers in public ("Sousveillance").

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 Senior Manager for Advocacy, Monica L. Reid, at mreid@nacdl.org for any advocacy question or need.

Federal Action Alerts

Federal Forfeiture Laws Need Reform Now!  

Attorney General Jeff Sessions recently rescinded civil asset forfeiture policy changes that his predecessor had implemented. Attorney General Holder had scaled back the Department of Justice's "Equitable Sharing" program in situations where forfeitures occurred without warrants or criminal charges. Sessions has now revived the controversial program's "adoptive seizures" policy that allows state and local law enforcement to seize assets and then transfer those assets to federal control in evasion of state laws that would otherwise have limited or prohibited the forfeitures.

Now is the time for Congress to pass forfeiture reform! Currently pending in Congress is the "Fifth Amendment Integrity Restoration Act of 2017" or the "FAIR Act" (H.R. 1555/S.642). The FAIR Act would reform federal civil forfeiture law by giving property owners more protections and reducing the profit incentive to law enforcement agencies.

Ask your Members of Congress to pass the FAIR Act. 

Act Now to Stop Congress from Fueling the War on Drugs - House Bill Advances from Judiciary Committee  

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

H.R. 2851/S. 1327 would expand 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. In June, Attorney General Jeff Sessions pinned an op-ed in the Washington Post to justify his policy directive rolling back the Smart on Crime policy and reinstituting the use of mandatory minimum drug sentences. In July, the House Judiciary Committee advanced H.R. 2851.

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. Contact your Member of Congress today and urge 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. Contact 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 their official duties or because of their status as a law enforcement officer. The House passed the measure with a vote of 271-143. It is now awaiting action in the Senate.

Contact your Senators today and urge them to oppose H.R. 115! 

Affinity Partners

Office Depot/Office Max 

Have you accessed the exclusive NACDL member discounts available to you from Office Depot/Office Max? If not, register for the FREE 15-minute educational webinar on Thursday, March 22, 2018 at 2pm EST to learn about the advantages of buying your supplies through the NACDL Office Depot/OfficeMax Affinity Program. If you can’t attend, ask your office manager to participate.


NACDL members can save up to 26% off on FedEx shipping. Help your business reach its goals with shipping and office support solutions that let you do more while spending less. Click here to enroll now or call 800.475.6708. Be sure to provide passcode NACDL1. Learn more here. 

Townsquare Interactive  

NACDL members receive 25% off online marketing services such as Website Design, Search Engine Optimization, Digital Display Advertising, Social Media Management, and more! NACDL members also receive a waived set-up fee. Learn more here. 

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