Brief of National Association of Public Defense, National Association of Criminal Defense Lawyers, National Legal Aid and Defender Association, and Roderick & Solange MacArthur Justice Center as Amici Curiae in Support of Petitioner (on petition for writ of certiorari).

Argument: Section 3599 requires, in addition to the appointment of counsel, the allocation of adequate resources to litigate capital cases. The lower courts arbitrarily and unlawfully denied Christeson adequate funding to prepare his motion. This issue is critically important and warrants this Court's immediate review.

Brief Amici Curiae Roderick and Solange MacArthur Justice Center, National Association of Public Defense, National Legal Aid and Defender Association, and National Association of Criminal Defense Lawyers in Support of Petitioner.

Argument: The District Court's order denying necessary funds constitutes denial of Mr. Christeson's 18 U.S.C. § 3599 right to capital habeas counsel. Summary denial of adequate funds for federal capital habeas representation deprives death-sentenced defendants due process and equal protection of law. Requiring capital post-conviction counsel to proceed without sufficient support for time-intensive legal work, mitigation investigation, and forensic experts perpetuates deficient, unethical representation. Summarily stopping capital counsel from doing their jobs as ordered by the United States Supreme Court amounts to a callous abuse of discretion that threatens the integrity of the entire justice system.

Brief of Amici Curiae National Association of Criminal Defense Lawyers and New Mexico Criminal Defense Lawyers Association in Support of Petition of State Ex Rel. Baur for Writ of Superintending Control.

Argument: The excessive caseloads imposed on public defenders in Lea County raise problems of constitutional proportions. Because of the essential part that lawyers play in the fair administration of justice, the right to counsel attaches as soon as criminal proceedings are initiated and applies at any subsequence “critical stage” of the proceedings. The Sixth Amendment may be violated not only where counsel is entirely absent as such a critical stage, but also where counsel is appointed under circumstances that make it impossible for counsel to provide true effective assistance. Thus, excessive workloads may have the direct effect of depriving indigent criminal defendants of their rights under the U.S. Constitution. New Mexico is by no means the only state facing such a crisis in its treatment of indigent criminal defendants. New Mexico is not the only state facing such a crisis and other states have taken up claims similar to those raised by Petitioner here. Lack of funding for public defense and overwhelming caseloads have converged to create a constitutional crisis in which the citizens of New Mexico often receive the right to counsel in name only. This Court has the ability to impose administrative remedies that may help to address the problems outlined in the petition.

Southern Center for Human Rights Director Stephen Bright’s written statement to the Senate Judiciary Committee regarding the Innocence Protection Act of 2001 (H.R. 912).

NACDL President Lawrence Goldman's letter to House Judiciary Committee chair Representative Jim Sensenbrenner regarding the Innocence Protection Act of 2001 (H.R. 912).

The right to counsel, guaranteed by the 6^th Amendment, promises every person, regardless of their charges or resources, has a skilled, zealous advocate by their side when they stand accused of a crime. As Gideon and other cases recognized, defendants' procedural and substantive rights cannot be protected unless every person has an attorney with the resources, skills, and independence to advocate for them. NACDL works to help reform inadequate public defense systems through training and technical assistance, public education, advocacy, and litigation.

While there are a variety of ways in which public defense is provided, to fulfill their constitutional obligations systems must have an infrastructure which ensures timely access to resourced, skilled, and zealous advocates and which operates as an independent and equal partner in the community's criminal legal system.

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