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NACDL News: NACDL Welcomes House Passage of Email Privacy Act
The House Judiciary Committee passed out of committee the Email Privacy Act (H.R. 699) by a vote of 28-0 on April 13, 2016. This bill is a long overdue update of the Electronic Communications Privacy Act (ECPA), a bill passed in 1986 that governs the treatment of electronic communications. The Email Privacy Act establishes that law enforcement officers must obtain a warrant to access the content of most electronic communications and cloud-stored content from third-party providers and eliminates the arbitrary rule that would allow the government to obtain emails older than 180 days with a subpoena. On April 27, the Email Privacy Act passed the full House by a unanimous vote of 419 to 0.
By Ivan J. Dominguez and Ezra Dunkle-Polier in June 2016
Category: The Champion Magazine
NACDL News: NACDL Welcomes Bipartisan Legislation to Block Proposed Rule 41 Changes
In mid-May NACDL welcomed the introduction of the Stopping Mass Hacking Act (S. 2952) by Sen. Ron Wyden (D-OR), Sen. Rand Paul (R-KY), Sen. Tammy Baldwin (D-WI), Sen. Steve Daines (R-MT), and Sen. Jon Tester (D-MT), to prevent changes to Rule 41 of the Federal Rules of Criminal Procedure from taking effect. Subsequently, on May 25, 2016, Rep. Ted Poe (R-TX) and Judiciary Committee ranking member John Conyers (D-MI) introduced H.R. 5321, the House version of the bill. They were joined by committee members Blake Farenthold (R-TX) and Zoe Lofgren (D-CA).
By Ivan J. Dominguez and Ezra Dunkle-Polier in June 2016
Category: The Champion Magazine
NACDL News: Kosovo Lawyers Visit NACDL
Attorneys from Kosovo, participating in a State Department International Visitor Leadership Program titled “Investigating Judicial and Prosecutorial Misconduct,” visited NACDL on May 25. The delegation included a prosecutor as well as the senior justice inspector and the director of the Office of the Disciplinary Counsel.
By Ivan J. Dominguez and Ezra Dunkle-Polier in June 2016
Category: The Champion Magazine
NACDL News: Clemency Project 2014 Surpasses 1,000 Submitted Clemency Petitions
In early May, the working group known as Clemency Project 2014, which was formed by NACDL, the American Civil Liberties Union (ACLU), Families Against Mandatory Minimums (FAMM), the American Bar Association (ABA), and the Federal Public and Community Defenders, surpassed a major milestone, submitting its 1,000th petition to the Office of the Pardon Attorney. The Project achieved this milestone on the heels of President Obama’s 58 grants on May 5, 2016 — the second group in fewer than six weeks to have their sentences commuted.
By Ivan J. Dominguez and Ezra Dunkle-Polier in June 2016
Category: The Champion Magazine
NACDL News: U.S. Supreme Court Affirms Sixth Amendment Right to Defense Counsel of One’s Choice
In a widely awaited decision concerning the right to counsel and the government’s pretrial seizure of a defendant’s assets, the U.S. Supreme Court ruled on March 30, 2016, that a defendant has a Sixth Amendment right to use her own “innocent” property to pay a reasonable fee for the assistance of counsel. The issue arose in Luis v. United States (14-419) when a grand jury charged Sila Luis with paying kickbacks and engaging in other crimes related to health care.
By Ivan J. Dominguez and Ezra Dunkle-Polier in May 2016
Category: The Champion Magazine
NACDL News: Stakeholders Meet to Discuss Alternative Sentencing
Criminal justice stakeholders met in Washington, D.C., on March 7-8, 2016, to engage in a dialogue focused on priorities for expanding the use of effective alternative sentencing programs.
By Ivan J. Dominguez and Ezra Dunkle-Polier in May 2016
Category: The Champion Magazine
NACDL News: New Report Investigates South Carolina Courts That Convict and Jail Defendants Without a Lawyer Present
Municipal and magistrate courts in South Carolina routinely violate the Sixth Amendment rights of individuals who are accused of low-level offenses and cannot afford an attorney, says a report by NACDL and the ACLU.
By Ivan J. Dominguez and Ezra Dunkle-Polier in May 2016
Category: The Champion Magazine
NACDL News: NACDL Press to Publish Book by Defense Attorney Andrea D. Lyon
On March 28, 2016, NACDL announced that its publishing unit, NACDL Press, will publish a groundbreaking work on women in criminal defense by leading criminal defense attorney, legal scholar, Dean and Professor of Law at Valparaiso University School of Law, and decades-long NACDL member Andrea D. Lyon. The book is expected to be released in 2017 and will be titled “The Feminine Sixth: Women for the Defense.” In this work, Ms. Lyon will tell the stories of women lawyers who are in criminal defense — public and private — but are not necessarily on the speakers’ circuit or otherwise well known.
By Ivan J. Dominguez and Ezra Dunkle-Polier in May 2016
Category: The Champion Magazine
NACDL News: Clemency Project 2014 Applauds Commutation of 61 Federal Prison Sentences
In his first clemency grants since December 2015, President Barack Obama commuted the sentences of 61 prisoners on March 30, 2016, 25 of whom were applicants whose petitions were supported by Clemency Project 2014.
By Ivan J. Dominguez and Ezra Dunkle-Polier in May 2016
Category: The Champion Magazine
NACDL News: Steve Komie Presents Flag to Gerry Morris
NACDL Life Member Stephen M. Komie (left) presents the flag that flew over the U.S. Capitol to NACDL President E.G. “Gerry” Morris on Feb. 20, 2016. The flag flew over the Capitol for NACDL on June 15, 2015, at the request of Sen. Richard J. Durbin, to mark the occasion of the Magna Carta’s 800th anniversary.
By Ivan J. Dominguez and Ezra Dunkle-Polier in April 2016
Category: The Champion Magazine
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