ADELE BERNHARD 78 North Broadway, White Plains, NY (C) (O) EMPLOYMENT

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1 ADELE BERNHARD 78 North Broadway, White Plains, NY (C) (O) EMPLOYMENT PACE UNIVERSITY SCHOOL OF LAW, 1994-present Associate Professor of Law I direct the Pace Post-Conviction Project, and teach Professional Responsibility. For 13 years I directed the Criminal Justice Clinic (CJC). Both clinical courses integrate theory and practice. In the Post- Conviction Project, which is a one semester clinic, students represent individuals convicted of serious crimes who present a colorable claim of innocence that cannot be established through DNA testing alone. The year-long CJC teaches in the context of defending misdemeanor prosecutions. I created both courses, designed the syllabi, selected reading materials, and invented exercises. NYC-ASSIGNED COUNSEL PLAN CONTINUING LEGAL EDUCATION, Director Provided training and organized provision of support services for practicing attorneys on the New York City Assigned Counsel Panels representing poor citizens charged with crime - the private bar component of New York City's indigent defense services system. I was responsible for: setting and coordinating training goals with the Assigned Counsel Plan Administrators and the overseeing county bar association screening committees; designing, producing and teaching continuing legal education courses; creating continuing legal education materials; writing a quarterly newsletter; acting as liaison with the various City and State bar associations to coordinate training programs; and building a reference library. TRAINING AND RESOURCES FOR ASSIGNED COUNSEL (TRAC-N), Executive Director Administered a federally funded grant to provide training and resources for New York City's Assigned Counsel Plan - one of the first and only support offices in the country for private practitioners providing defense services to the poor. I set goals, designed grant projects; recruited and supervised staff; lectured on substantive law and practice; and organized the grant's business records, reviewed expenditures, and reported to our funders. NEW YORK STATE DEPARTMENT OF LAW, Assistant Attorney General - Labor Bureau Represented the New York State Department of Labor and the Workers' Compensation Board - advised and handled their litigation in State and Federal Courts; drafted and argued appeals; investigated and initiated affirmative litigation. THE LEGAL AID SOCIETY OF NEW YORK, Staff Attorney - Criminal Defense Division EDUCATION New York University College of Arts and Sciences, B.A New York University School of Law, J.D ADMISSIONS New York Bar, USDC, Southern and Eastern Districts, 1977 The United States Supreme Court,

2 CRIMINAL JUSTICE POLICY EXPERIENCE American Bar Association, Standing Committee on Legal Aid and Indigent Defense, As a member of SCLAID, I assisted the committee to design and produce three Indigent Defense Summits national forums to designed to educate state bar leaders about criminal justice issues. I was SCLAID s liaison to the ABA Death Penalty Representation and the Juvenile Collateral Consequences Project. The Bronx CompStat Block Project, 2011-present In partnership with the Community Service Society, the CUNY School of Criminal Justice, the CUNY Graduate Center, and the New York Civil Liberties Union, my colleague, Chris Fabricant and I have conducted empirical research in the south Bronx to assess the impact of Zero Tolerance Policing strategy on a specific 40 block area. The Project recruited and trained neighborhood representatives as researchers and has collected over 1,200 completed surveys. Indigent Defense Association Group, 2007-present IDAG provides technical assistance to SCLAID in the area of criminal justice. ABA/BJA Indigent Defense Training and Technical Assistance Project, 2010-present Project Co-Chair ABA SCLAID was awarded a grant from the Department of Justice, Bureau of Justice Administration to design and produce a national training program for public defenders, to create and administer a pilot public defender fellowship, and to produce a focus group on defender issues for the DOJ. The Innocence Network, 2005-present Member National Association of Criminal Defense Lawyers Task Force on Problem Solving Courts, Member, The Task Force on Problem Solving Courts studied the operation of these new courts, and focused especially on drug courts. We held hearings and collected the testimony of defenders, prosecutors, judges, and clients and published our conclusions and recommendations in America s Problem Solving Court: the Criminal Costs of Treatment and the Case for Reform, Joel Schumm, Reporter, Pre -Trial Justice Task Force, Member, 2011-present This Task Force is advocating for enforcement of the Sixth Amendment Right to Counsel at initial appearance before a magistrate and when bail is set. Brennan Center for Justice at NYU Law School, Visiting Scholar I spent my sabbatical year at the Brennan Center collaborating with the Justice Program on defender initiatives. New York County Lawyers Association, 1994-present Criminal Courts Task Force, Member NYCLA s Criminal Courts Task Force drafted the Court Rules enacted by the Appellate Division, Second Department to create the Indigent Defense Organization Oversight Committee. As a member of the Criminal Justice Section, I produced a one-day symposium analyzing the operation of the NYC Criminal Courts. The program, Is Justice Served? included defense counsel, prosecutors, judges, as well as court officers, translators, social workers, victims advocates and clerks in a discussion of the criminal court as a cohesive organization. The Indigent Defense Organization Oversight Committee, Member and Chair I chaired the eight-member Appellate Division, First Department committee that is charged with monitoring the provision of indigent defense services in the First Department. IDOOC drafted Standards for the 2

3 provision of criminal defense services by public defense offices, and designed a protocol for evaluating providers in which performance is measured against those standards. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Planning Committee Member As a member of the Planning Committee, I helped to plan the 2010 National Symposium. I was also a member of the Planning Committee for the 2000 National Symposium entitled, Redefining Leadership for Equal Justice. Institute for Law and Justice, Indigent Defense Standards Compendium Project, Advisory Board Member The ILJ published a compendium of standards relating to the provision of defense services. The Advisory Board selected the standards for inclusion, organized and distributed the material, and introduced the concepts. ACADEMIC RESPONSIBILITIES Pace Criminal Justice Center Founding Member Pace Law School Strategic Planning Committee Member Over several years, the Strategic Planning Committee met with law school constituents, analyzed strengths and weaknesses of the school, identified opportunities and made recommendations to the Dean. Pace Law School Academic Standing Committee Chair While I was chair, the Academic Standing Committee revised the law school academic rules and procedures and revised procedures for enforcing the Honor Code. Pace Law School Faculty Evaluation Member and Chair of Re-Appointment and Tenure Committees As both a member and chair of faculty committees, I reviewed colleagues applications for re-appointment and tenure. Tenure Review I reviewed candidates qualifications for tenure at CUNY Law School, the University of Washington Law School, and the American University, Washington College of Law. OSI Fellowship I reviewed applications for Soros Fellowships. Scholarly Writing Review I reviewed The Dynamics of Innocence Reform: An Integrative Model for the Development of Exonereecompensation Statutes for Northwestern Law School s Journal of Criminal Law and Criminology. AWARDS AALS, Clinical Legal Education Association, Designated Bellow Scholar (with Chris Fabricant), Pace University School of Law, Richard Ottinger Faculty Achievement Award, 2010 NACDL, President s Commendation,

4 AALS Clinical Legal Education Association, Shanara Gilbert Emerging Clinician Award, 2001 RECENT PUBLICATIONS Raising the Bar: Standards Based Training, Supervision, and Evaluation 75 MISSOURI LAW REVIEW 832 (2010) A Short Overview of the Statutory Remedies for the Wrongly Convicted: What Works, What Doesn't and Why, 18 BOSTON UNIVERSITY PUBLIC INTEREST LAW JOURNAL 403 (2009) Justice Still Fails: A Review of Recent Efforts to Compensate Individuals Who Have Been Unjustly Convicted and Later Exonerated, 52 DRAKE LAW REVIEW 703 (Summer 2004) The Criminal Defense Clinic and Post-Conviction Project, PACE LAW SCHOOL ALUMNI MAGAZINE (Winter 2004) Exonerations Change Judicial Views on Ineffective Assistance of Counsel, CRIMINAL JUSTICE (Fall 2003) Take Courage: What the Courts Can Do To Improve the Quality of Criminal Justice Services, 63 U. PITTSBURGH L.R. 293 (Winter 2002) Preface, INDIGENT DEFENSE STANDARDS COMPENDIUM, published by the Institute for Law and Justice (Summer 2000) Ineffective Assistance of Counsel, a Chapter in WRONGLY CONVICTED: PERSPECTIVES ON FAILED JUSTICE, edited by Saundra Westervelt and John Humphrey, Rutgers University Press, (Spring 2000) Indemnification: One Way to Right the Wrong, Lead article in PACE LAW SCHOOL MAGAZINE, (Fall 2000) When Justice Fails: Indemnification for Unjust Conviction, 6 U. of Chicago Law School Roundtable 73 (1999) Private Bar Monitors Public Defense - Oversight Committee Sets Standards for Indigent Defense Providers, Criminal Justice, (Spring 1998) RECENT PRESENTATIONS The American Association of Criminology, November 2011 Obstacles to Recovery: How the Clean Hands Doctrine Prevents Recovery for the Wrongly Convicted, Speaker Constitutional Right to Counsel Summit: A Dialogue on the State Indigent Defense Crisis and the Federal Response, June 2010 Presentation at a Hearing sponsored by the Constitution Society, Hon. John Conyers, Jr. and Hon Robert. C. Bobby Scott, House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, Speaker ABA National Public Defense Symposium, May 2010 Achieving the Promise of the Sixth Amendment: Non-Capital and Capital Defense Services, Responded to Presentations 4

5 The Role of Standards in Public Defense, February 2010 Broke and Broken: Can We Fix Our State Indigent Defense Systems? Presentation at the 2010 Missouri Law Review Symposium Sixth Annual Summit on Indigent Defense Improvement: A National Forum for Bar and Indigent Defense Leaders, February 2010 Moderated Panel Looking Back, Looking Forward : National Symposium on Indigent Defense February 2010 Moderated panel discussion on Standards and Assigned Counsel Briefing on Status of Michigan s Public Defense System, March 2009 Presentation to Michigan State Legislators and Capital Staff, sponsored by the Michigan Campaign for Justice New Perspectives on Brady and Other Disclosure Obligations: What Really Works? November Small group leader at conference on prosecutorial obligation to disclose exculpatory materials, Remedies for Exonerated Prisoners, January 2009 Presentation at the Annual Association of Law Schools, Civil Rights Section New York State s Unjust Conviction Statute, June 25, 2008 Presentation to Court of Claims Judges, Summer Judicial Seminar Wrongful Convictions and Indigent Defense Services: the Connection, February 2008 Organized Panel Presentation at the Fourth Annual Summit on Indigent Criminal Defense Services at the ABA Mid-Year Meeting Ethical Issues for Prosecutors and Defenders in Domestic Violence Cases, December 2007 Moderated a Forum for the Westchester County Bar Association Ethical Considerations in Domestic Violence Cases, October 2007 CLE Ethics Lecture Presented to the Office of the Westchester County District Attorney Innocence: The Wrongly Convicted in America, October 2007 Presented the John Howard Lecture on Law and Justice at Purchase College Critical Pedagogy in Innocence Clinics, spring 2007 Presented at the Innocence Network Conference New Ways to Tell the Story: Evaluating the Quality of Criminal Defense Services, fall 2004 Designed and organized panel and presented at the National Legal Aid and Defender Conference Criminal Law Clinics Evolved: Innocence Projects and Other Post-Conviction Clinical Methods, 2004 Designed and presented a small group session, for the Clinical Legal Education Conference New York City s Criminal Courts: Are We Achieving Justice? 2003 With two colleagues, designed and produced full-day working conference held at the New York County Lawyers Association House of Law, co-sponsored by NYCLA s Criminal Justice Section, as well as Pace Law School, Fordham Law School, NYU Law School and CUNY Law School. 5

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