January-February 2022

January-February 2022 Cover

What are the immigration consequences of a drug conviction? When should a defense attorney get an immigration attorney involved?


Articles in this Issue

  1. Affiliate News

    What events are NACDL affiliates hosting this month? Find out here.

    Gerald Lippert

  2. Don’t Gamble With the Future: Immigration Consequences of Drug Convictions

    A drug conviction can banish a noncitizen from the United States without regard to any rehabilitation or family ties. In addition, drug violations may torpedo a person’s chances of obtaining a visa, a green card, or citizenship. When should a criminal defense attorney get an immigration attorney involved?

    Nicolas Chavez and Ann Miller

  3. From the President: Through the Looking Glass — Criminal Justice Without Trials

    We tell ourselves that we are protected from government abuse by a system of jury trials in which jurors decide guilt or innocence and judges determine sentences. What is the reality? We have abandoned the system of public jury trials established in the Constitution and Bill of Rights in favor of a shadow system of guilty pleas driven by the logic of prosecutorial power.

    Martín A. Sabelli

  4. In Memoriam: NACDL Remembers Past President Robert ‘Fogie’ Fogelnest

    Robert Fogelnest, known to his friends as “Fogie,” passed peacefully at his home in San Miguel de Allende, Mexico, on Feb. 6, 2022.


  5. More Bite Than Just Bark: Using Model Rule 4.2’s No-Contact Rule

    to Limit the Government’s Contact With Employees of a Represented Company

    Andrew Boutros and John Schleppenbach provide practical guidance for white collar practitioners concerning when ABA Model Rule of Professional Conduct 4.2 prohibits the government from contacting and trying to interview employees of a represented corporation. The government may disagree with defense counsel’s interpretation of the rule. At the very least, however, providing notice of corporate representation should open a dialogue that prevents unpleasant surprises with regard to contacts with corporate employees.

    Andrew S. Boutros and John R. Schleppenbach

  6. NACDL News: Heritage Foundation and NACDL: More Progress Needed to Safeguard the Intent Requirement

    in Federal Criminal Law

    NACDL News for January-February 2022

    Ivan Dominguez, Nathan Pysno, and Martín Sabelli

  7. NACDL News: NACDL Commends Biden Administration’s Decision to Reconsider Returning Individuals

    to Prison After COVID-19 Pandemic

    NACDL News for January-February 2022

    Jessie Diamond, Elizabeth Blackwood, and Martín Sabelli

  8. NACDL News: Nation’s Criminal Defense Bar Mourns NACDL Death Penalty Committee Chair Natman Schaye

    NACDL News for January-February 2022

    Chris Adams, Kyle O’Dowd, and Martín Sabelli

  9. NACDL News: The Passing of a Legend: James Mathias Russ

    NACDL News for January-February 2022

    Steven G. Mason

  10. Perspective: Takeaways From the Elizabeth Holmes Verdict

    The trial of Elizabeth Holmes showed our criminal legal system at its best.

    Clark Neily

  11. Post-Verdict Jury Interviews

    Some jurisdictions ban post-verdict juror interviews while others allow interviews when approved by the court, and in some jurisdictions, attorneys are not required to obtain court approval at all. Attorneys permitted to conduct such interviews have an opportunity to learn what did and did not work, as well as discover if the client was fairly convicted based on the evidence presented in court.

    Ashley Riser

  12. Sixth Amendment: Supreme Court Slams Shut New York’s ‘Opening the Door’ Exception

    to the Confrontation Clause

    Was New York’s “opening the door” policy a valid exception to defendants’ Sixth Amendment Confrontation Clause rights? The Supreme Court slammed the “open door” exception shut.

    Adam Bolotin

  13. The Rule’s All Right

    Defend the Confidentiality of Financial Affidavits Required for Representation Under the Criminal Justice Act

    Criminal Justice Act Form 23 (financial affidavit) is a confidential document. Some judges have concluded that CJA Form 23 should be a public document. Federal public defender Stephen Sady writes that the defense bar should reject any diminishment of the privacy protections in Rule 49.1.

    Stephen R. Sady