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April 27, 2018; Vol. 17 No. 04

NACDL Launches Initiative to Educate, Litigate Privacy Challenges in a Digital Age

On April 24, 2018, NACDL announced the establishment of the NACDL Fourth Amendment Center, a project made possible by support from the Charles Koch Foundation, Foundation for Criminal Justice (FCJ), and the John D. and Catherine T. MacArthur Foundation.

Society has entered the digital age, and new surveillance technologies and programs – from GPS tracking devices to automated license plate readers to bulk data collection – pose once unimaginable challenges to personal privacy and have upended traditional law enforcement practices. Safeguarding the fundamental principles embraced by the Fourth Amendment's guarantee to protect the individual from government searches and seizures has created new challenges for defense lawyers. The Fourth Amendment Center will build on NACDL's steadfast commitment to these principles and create a resource nexus to build a robust legal infrastructure necessary to identify key cases that can challenge outdated legal doctrine and create a new, more durable one for the digital age.

NACDL's Fourth Amendment Center will lay the groundwork for this infrastructure by providing three core resources for criminal defense lawyers and their clients, specifically:

  • Advanced education on emerging issues at the intersection of technology, privacy, and constitutional rights;
  • A dynamic toolkit of resources to help lawyers identify opportunities to challenge government surveillance; and
  • A tactical litigation support network to assist in cases that present an opportunity to challenge the use of new technologies that infringe on the Fourth Amendment rights of citizens.

"The limitation on the state's power to search, seize, snoop, and surveil is inevitably defined in the context of criminal prosecutions," said NACDL and FCJ Executive Director Norman L. Reimer. "Those are the cases in which the uses of modern technologies will be pushed to the outer limit and beyond, and that is where the courts must establish the boundaries that ensure the survival of the Fourth Amendment in the modern age. But to do so, it will be up to a robust, fully-informed criminal defense bar to identify and effectively challenge government abuse. The NACDL Fourth Amendment Center will be an essential resource in that effort."

"With the establishment of the NACDL Fourth Amendment Center, NACDL is answering a critical call to further ramp up its advocacy efforts in this rapidly developing area of the law," said NACDL's Fourth Amendment Advocacy Committee Chair and NACDL Past President E.G. "Gerry" Morris. "The highly-talented professional staff and significant resources that are being directed toward this initiative, together with the insight and courtroom experience of NACDL members and leaders, promise to deliver a Fourth Amendment Center whose impact – through top-notch education, resources, and litigation – will be felt for generations to come."

NACDL's establishment of the Fourth Amendment Center represents the pinnacle of a long history of dedicated advocacy focused on Fourth Amendment rights. The Center will be staffed by Director Jumana Musa, Senior Litigation Counsel Michael Price, and Fourth Amendment Center Education and Research Associate Kian Vesteinsson.

Lean more about the Fourth Amendment Center here. And to learn more about NACDL's extensive work in the Fourth Amendment arena, visit here.

Save the Date: On November 29 & 30, 2018, NACDL, in partnership with the Berkeley Center for Law and Technology, will be hosting a day and a half long CLE focused solely on Fourth Amendment issues as they relate to surveillance tools and programs. Issues covered will include government hacking, location tracking, and biometric tracking. For more information, contact Jumana Musa at jmusa@nacdl.org. The event will be held at Berkeley.

NACDL Board of Directors Adopts Resolution: Concerning ICE in the Courtroom

At its Spring Meeting & Seminar, NACDL’s Board of Directors adopted the resolution: Concerning ICE in the Courthouse. On January 10, 2018, U.S. Immigration and Customs Enforcement (ICE) issued Directive Number 11072.1, which directs ICE officers and agents to conduct civil immigration enforcement actions inside courthouses. There have been documented cases of ICE arrests in, immediately outside, and en route to courthouses resulting in detention that have caused residents to miss parole obligations, drug treatment services, mental health evaluations, court hearings, and other critical services and obligations. There has also been heightened and widespread fear from resident clients that accessing the court system will lead to arrest, deportation, and/or other negative immigration consequences.

In carrying out Directive 11072.1, the presence of ICE agents is facilitating negative effects on due process and legal access. As explained in the resolution, NACDL joins bar association, legal services providers, policymakers, and judges in calling for an immediate and complete halt to the implementation of Directive Number 11072.1, including:

  1. A directive establishing a formal, physical demarcation in and around courthouses – of all jurisdictions – and other justice system venues to be recognized as sensitive areas in which ICE activities are not to take place;
  2. A formal renunciation of any federal policy threatening to tie federal funding to a state or locality to whether that entity carries out federal immigration activities;
  3. A formal commitment from the federal government recognizing the negative consequences of pursuing immigration activities in and around court venues and to cease any and all interference with access to local and state justice system functions by ICE officials monitoring non-immigration proceedings; and
  4. An amendment to INA: ACT 287 - POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES, guaranteeing certain ‘sensitive locations,’ including courthouses and their immediate vicinity, in which ICE officers are not permitted to pursue immigration duties.

Read the Resolution in its entirety here.

5th Annual NACDL/Cardozo School of Law National Forensic College from June 3 – 8, 2018 in New York City, New York

There are still a limited number of spaces available for private defense lawyers to attend the 5th annual NACDL/Cardozo School of Law National Forensic College (NFC). NFC is an advanced, week-long forensic science CLE designed for experienced trial and post-conviction litigators. The college will prepare attorneys to litigate complex forensic science issues strategically and with the support of the nation’s leading law firms and experts. Attendance is by application only and space is limited, so please apply soon. Topics for 2018 include false confessions, pattern evidence, digital evidence, DNA (including an advanced track), eyewitness identification, toxicology, statistics in forensics, and development of police accountability databases by defenders and the private bar.

The tuition for private attorneys is only $999 for the full six-day program. To apply, download the attorney application here and return it to Vanessa Antoun, NACDL Senior Resource Counsel at vantoun@nacdl.org. Lodging is available at a hotel convenient to Cardozo Law School located near Madison Square ($229/night). Also, some dormitory lodging is available at the rate of $665 for the entire week. For more information on housing options, contact Peter Walsh, Forensic College Administrator for Cardozo Law at pwalsh@yu.edu or at (212) 790-0315.

The National Forensic College is presented in collaboration with the Administrative Office of the U.S. Courts, Defender Services Training Division.

Register Now for NACDL's Presidential Summit and 17th Annual State Criminal Justice Network Conference from August 23 – 25 in Atlanta, Georgia

On behalf of NACDL's State Legislative Affairs Committee and the Foundation for Criminal Justice, NACDL invites you to participate in NACDL's Presidential Summit and 17th Annual State Criminal Justice Network Conference, Shattering the Shackles of Collateral Consequences: Exploring Moral Principles and Economic Innovations to Restore Rights and Opportunity. The event will take place Thursday, August 23, through Saturday, August 25, 2018, in Atlanta, Georgia.

Learn more and register here.

Register Now for NACDL’s Free CLE Webinar on May 23 from 1:30 – 3 pm ET: “Unknown Unknowns: How to Expose the Government’s Evidence Laundering”

The U.S. government launders the origin of evidence obtained in criminal cases. The practice, known as "parallel construction," allows the government to obscure secret surveillance technology or potentially illegal investigative methods from those accused in criminal cases and the public at large. In order to keep certain investigative activity hidden, agents simply arrange for an alternate evidentiary path. This webinar will educate members of the defense community about the practice of "parallel construction" and prepare them to fight it in the courtroom. The webinar is free of charge and will be offered for CLE credit. It will be live-streamed on Wednesday, May 23, 1:30 pm - 3pm ET. The webinar will feature Brian Pori, a federal public defender with extensive experience leading trainings on parallel construction, and Sarah St. Vincent, the author of Human Rights Watch’s comprehensive investigative report on parallel construction.

Register for the webcast here.

NACDL’s 2018 Champion of Public Defense Award

The Public Defense Committee is calling for nominations for the 2018 Champion of Public Defense Award. The award recognizes an individual or group for exceptional efforts in making positive changes to a local, county, state, or federal public defense system. Although the outstanding direct, individual representation of every defendant is one of NACDL's foremost goals, this award is intended to highlight efforts toward systemic advances through legislation, litigation, or other strategies.

Nominations must include: the name, title, address, and phone number of the person/group being nominated and the person/group submitting the nomination; a summary, not to exceed two single-spaced pages of the problems that existed in the relevant public defense system, the efforts made by the nominee to improve the system, the number of years the nominee has been involved in efforts to improve public defense, a brief history of the nominee's career, and any changes that have been made in the system as a result of the nominee's efforts. In addition, the submission may include supporting documentation such as reports, news articles, and letters of support.

Nominations must be post marked or emailed by MAY 1, 2018 and sent to: NACDL Champion of Public Defense Award, Attn: Bonnie Hoffman, 1660 L Street, NW, 12th floor, Washington, D.C. 20036, or bhoffman@nacdl.org with the subject line: "Champion of Public Defense Award."

Information about the Champion of Public Defense Award can be found here.

NACDL's 2018 Election Notice
NACDL's 2018 election is underway, and the Nominating Committee has announced its slate of candidates. For the slated candidates and for information about running for officer or board petitions, please visit NACDL's Election Center.
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 released the groundbreaking book The Feminine Sixth: Women for the Defense by Andrea D. Lyon. The Feminine Sixth 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 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.

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.

April is "Second Chance Month"

As "Second Chance Month" wraps up, NACDL has a number of exciting developments. On April 7th, NACDL kicked off Second Chance Month with the Road to Second Chances Prayer Walk, where NACDL's First Vice President Nina Ginsberg gave remarks. On April 11th, NACDL Executive Director Norman Reimer and NACDL President Rick Jones journeyed to Capitol Hill for a series of visits with congressional offices to promote the Second Chance Month resolution and key federal bills that would provide relief from collateral consequences. And throughout the month, NACDL engaged in a public advocacy campaign to raise awareness on the need for reform.

Continue your support for Second Chance Month by taking action to support legislative reform. Visit the section on 'Federal Action Alerts' and reach out to your legislators in support of federal legislation to relieve the collateral consequences of a criminal record.

Legislative Advocacy

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 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.

Federal Action Alerts

In Support of Second Chance Month 

April is Second Chance Month, where organizations from around the country raise awareness of the need to reduce barriers that keep formerly incarcerated individuals from successfully rejoining society. It is estimated that between 70 and 100 million Americans have some form of a criminal record and therefore potentially face an onslaught of collateral consequences – specific legal restrictions, generalized discrimination, and social stigma – leading to barriers to employment, occupational licensing, housing, education, public benefits, immigration status, parental rights, driving rights, and voting rights.

Research has shown that the ability to earn a living is the best way to keep someone from committing another crime. However, the excessive barriers confronting those with a criminal conviction make the task of being able to provide for oneself and family nearly impossible. Giving people the opportunity to move beyond a criminal record not only enhances public safety, but also saves money.

Help NACDL reduce the collateral consequences for people with a criminal record by contacting your legislators today! Tell them to support Second Chance Month and reduce the barriers that keep formerly incarcerated individuals from successfully rejoining society.

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 Members 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 Members of Congress today!

NACDL Presented Four Awards at the Foundation for Criminal Justice Gala celebrating NACDL at 60 Years on April 20, 2018, in New York City

At the Foundation for Criminal Justice Gala celebrating NACDL at 60 Years on April 20, 2018, in New York City, NACDL presented four awards.

NACDL's Champion of Justice Civic and Humanitarian Award was presented to Michelle Alexander. NACDL's Champion of Justice Civic and Humanitarian Award is bestowed upon those individuals who have staunchly preserved or defended the constitutional rights of American citizens and have endeavored to ensure justice and due process for persons accused of crime. Alexander is a highly acclaimed civil rights lawyer, advocate, legal scholar, and best-selling author. Her recent book, the award-winning The New Jim Crow: Mass Incarceration in the Age of Colorblindness, has inspired racial justice advocacy efforts and a debate about the crisis of mass incarceration nationwide. Currently, Alexander is a Visiting Professor at Union Theological Seminary in New York City, where she explores the moral and spiritual dimensions of mass incarceration. She also works on multi-media projects aimed at transforming public consciousness with respect to race, justice, and democracy in America.

Read more about Alexander here. 

NACDL presented its Executive Director's Award to Quintin Chatman. Chatman serves as Editor of The Champion magazine, NACDL's flagship magazine published ten times per year. Under Chatman's stewardship, The Champion has garnered high praise through the profession and beyond. This widely acclaimed publication offers timely, informative articles written for and by criminal defense lawyers. In 2013, The Champion was the winner of min's 2013 Editorial & Design Award in the category of Print/Online Coverage of Single Topic. The Champion also won min's 2012 Editorial & Design Award in the category of Editorial Print/Online Coverage of Single Topic. Prior to joining NACDL, Chatman was employed at Maryland legal publisher Pike & Fischer (P & F). While at P & F, he helped launch their Electronic Discovery newsletter, served as Managing Editor of the company's Administrative Law case reporting service, and later served as Managing Editor of Federal Rules Service, which is a Thomson West publication edited by P & E. He has also previously served as Staff Attorney at South Carolina Legal Services Association and as the Executive Editor of the nation's first magazine focused on showcasing the African American home, Homes of Color Magazine.

Read more about Chatman here. 

NACDL presented its Champion of Justice Legal Award to Malika Saada Saar. NACDL's Champion of Justice Awards are bestowed upon those individuals who have staunchly preserved or defended the constitutional rights of American citizens and have endeavored to ensure justice and due process for persons accused of crime. Saada Saar is Google's Senior Counsel on Civil and Human Rights. Before joining Google, Saada Saar was founder and Executive Director of the Human Rights Project for Girls (Rights4Girls), a human rights organization focused on gender-based violence against young women and girls in the U.S. She also served as Special Counsel on Human Rights at The Raben Group. As a human rights lawyer and advocate, she led the effort to shut down Craigslist sex ads that served as the leading site for the trafficking of children for sex, ended the federal practice of shackling pregnant mothers behind bars in U.S. prisons, and successfully advocated for millions in federal funding for treatment services for at-risk families.

Read more about Saada Saar here. 

NACDL presented its Lifetime Achievement Award to Theodore V. Wells, Jr. NACDL's Lifetime Achievement Awards are presented in recognition of exceptional accomplishments over a lifetime of distinguished leadership and service on behalf of the law. Wells co-chairs the Litigation Department at Paul, Weiss and is widely recognized as one of the best trial lawyers in America. The National Law Journal named him one of "The Decade’s Most Influential Lawyers" in 2010 and "Lawyer of the Year" in 2006. Recently, in 2017, Wells was named a recipient for the New York Law Journal’s "Lifetime Achievement" award. Wells is a fellow of the American College of Trial Lawyers. He has served as co-chair of the White-Collar Criminal Section of NACDL. He has been a faculty member of the Practising Law Institute Trial Advocacy Program, a teaching team member of the Harvard Law School Trial Advocacy Workshop, and a lecturer at the Securities Regulation Institute. He has lectured on the use and scope of the RICO statute, the defense of securities, healthcare and environmental criminal and civil matters, federal grand jury procedures, and federal sentencing guidelines.

Read more about Wells here. 

NACDL Past President Neal R. Sonnett Receives American Bar Association Solo, Small Firm and General Practice Division Lifetime Achievement Award

On April 28, 2018, the American Bar Association (ABA) Solo, Small Firm and General Practice Division awarded NACDL Past President Neal R. Sonnett with its 2018 Lifetime Achievement Award. This award recognizes the efforts and accomplishments of outstanding solo and small firm practitioners as well as bar leaders and associations.

Sonnett is a nationally renowned criminal defense lawyer in Miami, Florida, and he defends white collar, corporate, and complex criminal cases across the country. Previously, he has served as an assistant U.S. attorney and chief of the Criminal Division for the Southern District of Florida. He served as NACDL president from 1989-1990 and is a NACDL Life Member. Sonnett has also been heavily involved with the ABA in numerous capacities. Additionally, he has served as president of the Florida Association of Criminal Defense Lawyers, the American Judicature Society, the Florida Bar Foundation, the Dade County Bar Association, the Federal Bar Association, South Florida Chapter, and the Spellman-Hoeveler American Inn of Court in Miami.

Learn more here.

Immigrant Defense Project Presents Champion of Justice Award to NACDL Executive Director Norman L. Reimer

On Tuesday, April 10, the Immigrant Defense Project (IDP), at its 20th Anniversary Gala – "An Evening Celebrating 20 years of Fighting for Justice and Human Rights" – in New York City, presented NACDL Executive Director Norman L. Reimer with its Champion of Justice Award.

"IDP is proud to honor Norman Reimer for his early and continued efforts to ensure the rights of immigrants in the criminal justice system," said Manny Vargas, IDP Founder and Senior Counsel. "As Executive Director of NACDL, Norman has demonstrated unparalleled leadership in promoting collaboration between the criminal defense and immigrant justice communities, advocating for national policy reform to achieve justice for immigrants accused of crimes, and increasing access to clemency."

"Norman Reimer is a lifelong warrior for justice, fairness, and equality for all people, immigrant and non-immigrant alike. He is richly deserving of this recognition from the advocates at the Immigrant Defense Project," said NACDL President Rick Jones. "This award comes as no surprise to those of us who know and have worked with Norman. His selfless commitment to the principles embodied in NACDL’s mission and our nation’s Constitution manifests itself in all that he does. As NACDL President, I was proud to attend this milestone IDP event and to see Norman recognized for his extraordinary work. His remarks, as always, were powerful and timely."

Read more here. And Mr. Reimer’s April 10, 2018, prepared remarks at the IDP 20th Anniversary Gala are available here.

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