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Board Resolution ~ 08/06/2011(2)

Authorizing Indigent Defense Litigation and Reform Funding

Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Authorizing Indigent Defense Litigation and Reform Funding  

Denver, Colorado
August 6, 2011

WHEREAS the National Association of Criminal Defense Lawyers (NACDL) continues to be committed to advancing indigent defense systems that ensure quality representation for all accused individuals;

WHEREAS NACDL has authorized its Indigent Defense Committee (IDC) to meet that commitment through the development and pursuit of systemic Indigent Defense litigation, reform and education (hereinafter “litigation”);

WHEREAS systemic litigation requires a long-term, multi-year commitment of substantial funds for case development and litigation expenses;

WHEREAS it is difficult to predict litigation-related expenditures for any one fiscal year;

IT IS HEREBY RESOLVED that NACDL makes the commitment to provide up to $45,000 for systemic litigation during the period of Fiscal Year 2012 through Fiscal Year 2014.

The NACDL will budget the sum of $15,000 as a line item for litigation for each of Fiscal Years 2012, 2013, and 2014.

Any project utilizing litigation funds should be approved by the Executive Committee in advance of any commitment of funds.  In the event the Chair or Co-Chair of the IDC determines that funds beyond the amount budgeted are necessary to fund systemic litigation, reform and/or education projects which have been approved by the NACDL Board of Directors, they may exceed the amount budgeted for that particular fiscal year.  Any expenditure for services should be supported by a contract or written agreement pursuant to the policies and procedures of the association.

In no event will the amount spent during the three fiscal years exceed $45,000.  In no event will any funds be expended for litigation projects unless the projects have been previously approved by the IDC.

If, in any fiscal year, expenditures from the litigation budget line item are less than $15,000, the funds remaining shall revert to the NACDL reserve, as in general practice.

In the event expenditures for litigation projects in a single year exceed $15,000, the NACDL Executive Director and Financial Director shall draw funds from the NACDL reserve funds in the amount the expenditures exceed $15,000, provided that the amount of such funds withdrawn shall not exceed the difference between the $45,000 and the amount that had been expended for litigation projects during the Fiscal Years 2012-2014 time period.

It is the express intent of the Board that if funds expended on litigation projects in a single fiscal year exceed $15,000, no funds need be reallocated to ensure a balanced budget.  Rather, expenditures beyond the $15,000 budgeted may cause a deficit budget or operation “in the red.”

While the Board and the IDC intend that this three-year allocation of $45,000 will be the maximum amount of NACDL funds available for litigation projects for Fiscal Years 2012-2014, this resolution does not preclude a subsequent resolution requesting an increase in the total amount allocated based on changed circumstances.


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