The National Association of Criminal Defense Lawyers (NACDL) is the pre-eminent organization in the United States advancing the mission of the nation's criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct. A professional bar association founded in 1958, N.A.C.D.L. is more than 10,400 direct members -- and 80 state and local affiliate organizations with another 28,000 members -- include private criminal defense lawyers, public defenders, active U.S. military defense counsel, law professors and judges committed to preserving fairness within America's criminal justice system.

The National Association of Criminal Defense Lawyers (NACDL) encourages, at all levels of federal, state and local government, a rational and humane criminal justice policy for America -- one that promotes fairness for all; due process for event the least among us who may be accused of wrongdoing; compassion for witnesses and victims of crime; and just punishment for the guilty.

Such a policy respects cherished civil rights and liberties that are fundamental to our democracy. Citizens have a right to expect privacy in their homes, vehicles, and communications; a right not to be deprived of their liberty or property without due process of law; and a right to consult counsel of their choice without it being used against them. America fought for and declared its independence to preserve these rights, and our Founding Fathers inscribed them into the Constitution. But the past decade's much-heralded "War on Drugs" and crackdown on crime has become a war on ourselves. It has run roughshod over these and other essential rights that citizens across the nation hold dear.

Equally important, a rational and humane crime policy must focus on the social and economic benefits of crime prevention -- through education, economic opportunity, and rehabilitation of former offenders. As a society, we need to eschew such simplistic, expensive, and ineffective "solutions" as inflexible mandatory sentencing, undue restriction of meritorious appeals, punishment of children as adults, and the erosion of the constitutional rights of all Americans because of the transgressions of a few.

NACDL's values reflect the Association's abiding mission to ensure justice and due process for all.

New York State Association of Criminal Defense Lawyers       www.nysacdl.org

                                                                       OUR MISSION

New York Capital Defenders Office                                               www.nycdo.org

Capital punishment was returned to the criminal statutes of New York State by Chapter 1 of the Laws of 1995, which took effect on September 1, 1995. The new law expanded the crime of first degree murder, and provided two new penalties for persons convicted of first degree murder: death and life in prison without the possibility of parole.

The Capital Defender Office [CDO] was established under New York State's death penalty statute and was given the statutory mandate of ensuring that defendants who cannot afford adequate representation in capital cases receive effective assistance of counsel. The statute also charged the CDO with creating an effective system of capital defense throughout New York State. This system of capital defense is ensured through several means, including:

·        providing direct representation of capital defendants;

·        helping to identify private attorneys to represent capital defendants;

·        entering agreements with legal aid societies and other defender organizations to accept appointments in capital cases;

·        monitoring the performance and accounting of such defender organizations;

·        providing private attorneys with continuing legal advice and other assistance;

·        promulgating standards that attorneys must meet to qualify to defend capital cases;

·        providing or arranging for representation in capital cases before permanent appointment of counsel;

·        providing the criminal defense bar with training and continuing legal education about death penalty practice and law .

                                                  Agency Structure

The CDO is governed by a three-person board of directors which meets on a regular basis to review office policy. The Capital Defender, appointed by the Board of Directors, runs the agency and is responsible for building the state's capital defense system. The CDO established three offices to provide capital representation, one in Albany, one in Rochester, and one in New York City. Each office is headed by a first deputy with extensive criminal defense experience. The Rochester Office handles cases in a 30- County area of western New York, the Albany office handles cases in a 21-County area in central New York, and the Downstate office handles cases in New York City and the six surrounding suburban Counties.

The CDO is staffed by experienced attorneys, investigators, mitigation specialists and support staff who must build an integrated guilt and penalty phase defense for every client. There are five directors who work with the Capital Defender and the first deputies to ensure compliance with the establishing statute, determining policy and providing direction to staff throughout the state (Director of Investigations and Mitigation, Director of Administration and Communication, Director of Compliance, a part-time Director of Training and the Director of Designation.)

                                                            Lawyers in Private Practice

The CDO, in consultation with the Administrative Board of the Judicial Conference, developed minimum standards for lead and associate capital counsel. Using these standards, the four Screening Panels established pursuant to the law continue to review applications from lawyers interested in handling capital cases, and are creating rosters of lawyers eligible for such appointment. The CDO assisted the Screening Panels in developing an application process for attorneys who seek to handle capital cases.

The CDO frequently has called on criminal defense lawyers in private practice during the past four years. Each lawyer had substantial criminal defense experience and had attended a CDO training session.

Washington University in St. Louis, School of Law                         www.wulaw.wustl.edu

                                        ADDITIONAL HELPFUL LINKS

American Civil Liberties Union                                                                    www.aclu.org

Federal Appeals Court Declares Secret Deportation
Hearings Unconstitutional in ACLU Victory

FOR IMMEDIATE RELEASE
Monday, August 26, 2002

DETROIT-- In a unanimous decision today, a federal appeals court struck down the government's blanket policy of conducting secret deportation hearings in post-9/11 cases as a violation of the First Amendment. It is the first such decision by a federal appellate court anywhere in the country.

"We applaud this decision for recognizing the importance of the right of the press and the public to know what's going on in our courts," said Kary Moss, ACLU of Michigan executive director. "As Judge Keith said, writing for the court, 'Democracies die behind closed doors,? and the court sent a clear message that this administration can't run a secret government."

Under the challenged policy, the press and public (including family members) were automatically excluded from any deportation hearing designated by the Justice Department as a "special interest case." In declaring that policy unconstitutional, the United States Court of Appeals for the Sixth Circuit emphasized the value of open proceedings and stressed that any legitimate security concerns must be addressed on a case-by-case basis and not through a categorical closure order.

According to the Court opinion, "The only safeguard on this extraordinary governmental power is the public, deputizing the press as the guardians of their liberty....the Executive Branch seeks to take this safeguard away from the public by placing its actions beyond public scrutiny. Against non-citizens, it seeks the power to secretly deport a class if it unilaterally calls them 'special interest' cases. The Executive Branch seeks to uproot people's lives, outside the public eye, and behind a closed door."

Lee Gelernt, Senior Staff Counsel with the National ACLU Immigrants Rights Project, who argued the case before the Appeals Court said, "The court's opinion makes clear that blanket closure orders are unconstitutional and that the government may not simply unilaterally declare that an entire category of cases will be conducted behind closed doors without any public scrutiny."

The lawsuit, Detroit News, Inc., et al v. Ashcroft et al, was filed by the national and state offices of the ACLU on behalf of Representative John Conyers Jr., the Detroit News, and the Metro Times, an alternative weekly after the public and the press were turned away from the deportation hearings in the case of Rabih Haddad.

The plaintiffs in the Detroit News case were represented by Lee Gelernt, Lucas Guttentag, and Steven R. Shapiro of the national ACLU; Michael J. Steinberg and Kary Moss of the ACLU of Michigan, Leonard M. Niehoff of Butzel, Long, P.C.; and John J. Romayne, III of Kasiborski, Romayne & Flaska.

Copyright 2002, The American Civil Liberties Union

Center for  Constitutional Rights                                                                  www.ccr-ny.org

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