Coalition letter to the chairs of the Virginia State Crime Commission regarding the need to implement statewide counsel at first appearance and support public defense systems to ensure its effectiveness.

NACDL letter to the Virginia State Crime Commission regarding the need to implement statewide counsel at first appearance and support public defense systems to ensure its effectiveness.

Coalition letter to the House Judiciary Committee regarding legislation to address the judicial discretion that allows for factoring into sentencing conduct acquitted by a jury, as proposed in Prohibiting Punishment of Acquitted Conduct Act of 2021 (H.R. 1621).

Issues of racial disparity can be found in every aspect of our nation's criminal system, from stop to sentencing. Public defense attorneys have an important role to play in challenging bias and disparity within the courtroom, within their offices, and within themselves. NACDL is committed to empowering defenders to address the ways in which race impacts our court system, our clients, our communities, and the defenders who serve them. 

NACDL filed a statement with the Virginia Supreme Court in support of a Comment to Rule 3.8(d) 

Statement Of David Patton, Executive Director and Attorney-in-Charge Federal Defenders of New York (Southern & Eastern Districts) Before the Committee on the Judiciary Over-Criminalization Task Force United States House of Representatives at a Hearing Entitled “Agency Perspectives”

on the Verge of Extinction and How to Save It

The right to trial, while alive in principle, is on life support in practice. NACDL is determined to revive this right and to confront and reform the systemic factors that have made the risk and cost of a trial so extreme that even innocent individuals routinely plead guilty.

Persons with disabilities represent one of the nation's largest minority populations. They are overrepresented in the criminal legal system as persons who are accused as well as persons who are victims of crime. In both the criminal legal system and in society generally, persons with disabilities are often denied meaningful access to the processes and protections afforded to the general population. These training materials and resources provide introduction to some of the issues and challenges that exist in our criminal legal system for persons with disabilities. 

The Sixth Amendment states that "[i]n all criminal prosecutions, the accused shall enjoy the right to . . . trial, by an impartial jury...."  The focus on jury impartiality was rooted in the desire to preserve individual liberty in the face of a tyranical government.

An Apprendi Primer: On the Virtues of a “Doubting Thomas” Jon M. Sands, Steven G. Kalar October 2000 18 Apprendi v. New Jersey - to the surprise of many, but not to Justice Thomas - announced a “watershed change in constitutional law.” 1 The ripples of this recent Supreme Court decision are now bei

This discussion examines the roles of race, power, and engagement in the attorney-client relationship.

As a result of generous grant funding, NACDL is able to offer scholarship assistance to public defense attorneys to attend training programs.

This month David Patton reviews Gideon’s Promise: A Public Defender Movement to Transform Criminal Justice by Jonathan Rapping.

Facing Imprisonment in Tribal Courts

An indigent Native American who is charged in tribal court, facing a year in jail, with all the consequences of confinement — loss of employment, etc. — is not entitled to appointed counsel, only counsel at his or her own expense if the possible punishment is a year or less. Tova Indritz argues that there should be a right to appointed counsel for any indigent person facing imprisonment anywhere in the United States, including in tribal courts.

The Champion of Public Defense Award recognizes an individual or group for exceptional efforts in making positive changes to a local, county, state, or federal public defense system. Although the outstanding direct, individual representation of every defendant is one of NACDL's foremost goals, this award is intended to highlight efforts toward systemic advances through legislation, litigation, or other strategies.