For more than a year, NACDL has examined Maine’s public defense system, providing technical assistance to MCILS under a grant from the Department of Justice’s Bureau of Justice Assistance. ... As the nation’s preeminent criminal defense bar, NACDL is keenly interested in ensuring public defense providers have caseloads that are reasonable and allow them to fulfill their legal, ethical, and constitutional obligations.

Amicus Curiae Brief of the National Association of Criminal Defense Lawyers in Support of Appellant.

Argument: [T]his case raises fundamental constitutional issues implicating Appellant’s right to have his Fifth Amendment right to Brady material and his Sixth Amendment right to compulsory process in securing evidence from MAB’s [the complainant] U.S. Citizenship and Immigration Services [USCIS] Alien File [A-File] produced for an in camera judicial review. That was necessary to protect Appellant’s right to confront his accuser, to include impeaching her at trial. Finally, this case implicates Appellant’s Sixth Amendment right to the effective assistance of counsel. NACDL is not alleging ineffective assistance of counsel [IAC], but rather that Appellant’s Trial Defense Counsel [TDC] was improperly thwarted by the government’s opposing his request for an immigration law expert to assist the defense, which the military judge denied, as well as access to her A-File.

Concerns with Revisions to the Military Commissions Act of 2006 in the Senate-Passed Version of the National Defense Authorization Act of 2009 … The undersigned organizations want to make clear both our opposition to resuming the use of military commissions to try terrorism suspects, and our concern with numerous provisions in the amendment to the MCA that we strongly urge you to consider. … military commissions would still be incapable of delivering on the twin goals of any effective judicial system: ensuring that justice is fair, and ensuring that justice is swift.

Letter to Attorney General Merrick Garland regarding former Attorney General William Barr's ruling in Matter of Thomas and Matter of Thompson, 27 I. & N. Dec. 674 (AG 2019) changing DOJ and DHS policy so state courts can only affect immigration sentencing if related to underlying criminal proceedings and not the immigration case.

NACDL President Gerry Morris's letter to Senator Cory Booker regarding the need for federal funding and support for public defense services, as proposed in the Equal Justice Under Law Act of 2016 (S. 3144).

Brief of Eight Ethics, Criminal Defense and Public Interest Institutions and Associations as Amicus Curiae Supporting Contemnor-Appellant’s Appeal of the Municipal Court’s Contempt Conviction.

Argument: Appellant, a public defender, was appointed to represent a defendant the day before a court hearing. The “hearing” turned out to be the client’s trial, and appellant refused to try the case unprepared, for which the trial judge held in in contempt and sanctioned him with three days in jail, a $250 fine and court costs. Amici argued that one of the most fundamental tenets of the legal profession is the ethical requirement that no lawyer take a case when unable to provide competent and diligent representation.

NACDL President Barry Pollack's letter to Representative Sean Patrick Maloney regarding the need for federal funding and support for public defense services, as proposed in the Equal Justice Under Law Act of 2017 (H.R. 968).

NACDL President Barry Pollack's letter to Senator Cory Booker regarding the need for federal funding and support for public defense services, as proposed in the Equal Justice Under Law Act of 2017 (S. 328).

NACDL's statement to the House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations regarding the need for reliable, accredited, transparent forensic science to ensure proper due process in criminal cases.

Coalition letter to the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies regarding President Barack Obama's request to include in the 2017 federal appropriations bill grant funding for public defense services and support, to continue the "Answering Gideon's Call" initiative.

Brief of Amicus Curiae the National Association of Criminal Defense Lawyers in Support of Petitioner’s Objections to Magistrate Judge’s Order.

Argument: Investigations by telephone, rather than in-person, deprive Brown of effective assistance of counsel. Defense counsel’s ability in a death penalty case to effectively represent the client is derived from “the overarching duty to advocate the defendant’s cause.” This duty is even more critical in capital cases, since “‘the penalty of death is qualitatively different’ from any other sentence.” As such, capital cases require a “greater degree of reliability when the death sentence is imposed.” However, reliability is only attainable when defense counsel is able to adequately investigate and prepare, which is fundamental to attorney competence. Inhibiting defense counsel’s ability to investigate renders counsel ineffective and harms the client. In fact, several courts have found defense counsel constitutionally ineffective for failing to conduct an in-person investigation. The Magistrate’s Order asks counsel to ignore ethical obligations under standards governing capital cases. A mitigation investigation in a capital case must not deviate from the American Bar Association Guidelines for the Appointment and Performance of Council in Death Penalty Cases and the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases. Capital life sentence investigations must be conducted according to well-established best practices. The ABA Guidelines, the Supplementary Guidelines, and Texas Guidelines articulate the national and state standards regarding the investigation obligations of defense teams in such cases.

Brief Amicus Curiae of the National Association of Criminal Defense Lawyers in Support of Petitioner (On Petition for a Writ of Certiorari).

Argument: Martinez recognized that its equitable remedy is necessary to ensure that state post-conviction counsel adequately protects the Sixth Amendment right to counsel. The right to effective assistance of counsel is a bedrock principle in our criminal justice system. Martinez mandates federal judicial review of trial counsel ineffectiveness where state post-conviction counsel performed in a constitutionally deficient manner. The Fourth Circuit’s application of “Fair Presentation” principles eviscerates Martinez. Certiorari is warranted to provide clarity to lower courts and practitioners, and enforce this Court’s mandate in Martinez. Courts of Appeals are divided on how to apply Martinez. Lower courts and practitioners require guidance on how the Supreme Court interprets Martinez.

Coalition letter to the Senate Judiciary Committee regarding the effective assistance of counsel for those charged with misdemeanor offenses.

Member Richard Kammen's written statement to the House Appropriations Committee regarding adequate funding and training for defender services to ensure adequate representation for those who cannot afford it.

President Lisa Wayne's written statement to the Senate Commerce, Science, and Transportation Committee regarding advancing the science and use of forensics in criminal cases and investigations.