Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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For many years, Michigan’s public defense system was deficient, failing to guarantee the effective assistance of counsel required by the Sixth Amendment. Michigan delegated responsibility for providing public defense to individual counties, providing no statewide training for public defense attorneys, no performance standards to govern their practice, and no review of their performance. In 2008, after an extensive investigation, the National Legal Aid and Defender Association issued a report that concluded that Michigan’s systems were some of the nation’s worst.
State ex rel. Missouri Public Defender Commission, Cathy R. Kelly and Rod Hackathorn v. The Honorable John S. Waters and the Honorable Mark Orr (Mo. 2012)
In 2023 the ABA adopted a revised version of the Ten Principles of a Public Defense Delivery System. These replaced the version initially adopted in 2002.
Groundbreaking Report Offers Solutions to America’s Indigent Defense Crisis as Nation Marks 50 Years of Gideon v. Wainwright -- Washington, DC (January 8, 2013) – As the nation enters the 50th anniversary year of Gideon, the landmark Supreme Court decision clarifying that the Sixth Amendment’s right to counsel applies regardless of whether a defendant can afford to pay an attorney, the National Association of Criminal Defense Lawyers (NACDL) and the American Bar Association’s Standing Committee on Legal Aid & Indigent Defendants (ABA/SCLAID)...
Six decades after the Supreme Court’s decision in Gideon v. Wainwright, the promise of that ruling remains unfulfilled.
In response to the ongoing crisis in Wisconsin where thousands of people facing criminal charges are waiting for lawyers to be assigned to their cases, NACDL, our Wisconsin affiliate (WACDL), the Center on Race, Inequality, and the Law at NYU School of Law, and the Chicago office of Winston & Strawn filed a lawsuit. The lawsuit was filed in Brown County (Green Bay), one of the many counties in the state struggling to find lawyers for every eligible individual, leaving people waiting weeks, months, and in some instances, a year or more, for a lawyer.
The Intersection of Race and Poverty: Challenging Debtors' Prisons presented by Nusrat Choudhury, Deputy Director, Racial Justice Program, American Civil Liberties Union (ACLU)
Race Matters I: The Impact of Race on Criminal Justice September 14-15, 2017 | Detroit, MI
Bond: Practice presented by Colette Tvedt, criminal defense attorney, Denver, CO
Bond: Policy presented by Brandon Buskey, Deputy Director for Smart Justice Litigation, Criminal Law Reform Project, American Civil Liberties Union
This month Sara Garber reviews Fixing Legal Injustice in America: The Case for a Defender General of the United States by Andrea Lyon.
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.
Nearly a half million people, or approximately three percent of Florida's adults, pass through the state's misdemeanor courts each year. Most are found guilty. The average court appearance lasts as little as three minutes. [Released July 2011]
A report by the Sixth Amendment Center, commissioned by NACDL and supported by the NACDL Foundation for Criminal Justice and Koch Industries. [Released October 2016]
The Sixth Amendment's promise that every person accused of a crime is entitled to counsel is a hollow one when the attorney appointed lacks the time and resources to provide meaningful representation. In order to determine whether defenders in Rhode Island are facing a caseload crisis, NACDL, the American Bar Association Standing Committee on Legal Aid and Indigent Defendants (ABA SCLAID), and the accounting firm of BlumShapiro undertook an assessment of the Rhode Island Public Defender system ("RIPD"). [Released November 2017]
When a person is accused of a crime, the U.S. Constitution guarantees that person the right to a lawyer even if they cannot afford one. The U.S. Supreme Court affirmed this basic principle more than a half century ago in Gideon v. Wainwright, and in subsequent cases that expanded the right to misdemeanor prosecutions. Yet this right is violated every day in South Carolina’s magistrate and municipal courts – collectively referred to as summary courts – where scores of people are convicted, sentenced, and sometimes incarcerated, without having been represented by counsel. [Released April 2016]
