With a Little Help from our Friends!

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1 Editor Nancy Graven ASSOCIATION OF FEDERAL DEFENDERS Volume 1, Issue 7 Summer Edition July 1999 AFD NEWSLETTER published quarterly 1949 E. Sunshine Ste Springfield, MO AFD OFFICERS President Penny Marshall Vice-President David Stickman Treasurer Richard Moore Secretary Nancy Graven BOARD OF DIRECTORS Mary Barzee John Blume Carol Brook Judy Clark Leslie Fatowe April Ferguson Christine Freeman Nancy Graven Geoffrey Hansen Dennis Landin Terry MacCarthy Henry Martin Linda McGrew Kevin Murphy Mark Neer Steve Riggs Jose Rupert Steve Sady Felicia Sarner Leigh Skipper Jim Wade Kathleen Williams With a Little Help from our Friends! Musings from the President Greetings to Members and friends of the Association of Federal Defenders. As you will soon note, this issue of the Newsletter is devoted to providing information about other organizations, FAMM, DSAG, the AO and NACDL. Now that we have a strong organization, I thought it was important to keep members in touch with other organizations who either affect us or our role as defenders or who can be of assistance. Also, there is a list of telephone numbers of other helpful organizations. Through our Newsletter, we will continue to provide you with articles and helpful information. I urge you to send articles concerning subjects related to our practice. As those of you who attended the Federal Defenders Conference held in Minneapolis this May know, the Association supports the hard work done by defenders on behalf of those who have the misfortune of facing criminal charges in federal court. Outstanding Assistant Defender awards were given to Bram Jacobson - Phoenix, Carol Brook - Chicago and Timothy Crooks - Fort Worth, Texas. Stephanie Kearns of Atlanta received the McCarthy Award. At the Investigator Conference held in New Orleans, Ann Walker King - Nashville and Frank Murphy - Columbus, Ohio, were awarded the Outstanding Defender Investigator Award. In addition, the Association sponsored two social events, where a great time was had by all! We help our members. In May, we were successful in raising $1,000 to pay a fine levied against one of our members for her vigorous advocacy during a closing argument. She was pitch hitting for a defender who was having health problems. If the appeal of the fine is successful, we will send the money to the Equal Access to Justice Foundation run by Brian Stephenson. The founda- tion represents persons on death row. The Association will continue these services and activities during the coming year and, with your help, will find additional ways to support defenders of the indigent who tirelessly work to make sure our clients receive quality representation. Other current projects include compiling a directory of defenders, para-legals and investigators (look for Jon Sands and Leigh Skipper to contact you with respect to that endeavor); a directory of experts (Kevin Murphy is spearheading that project); and the creation of a web page and chat room. As the new president, I was especially pleased to speak to new members at the conference who originally entertained doubts but now fully recognize the value of the Association. It is important to our continued success that, in addition to joining AFD, members also volunteer for committee participation. Our objective this year is to continue the substantial progress begun under former presidents Henry Martin and Jon Sands. Toward that end we have a slate of new and returning personnel to serve as officers and committee heads for See inside for information on how to join, renew or sign up for a committee. Till next time, keep up the struggle against guilty verdicts, rigid guidelines/mandatory minimums and more bad precedents! Penny Marshall President 1

2 Helping Fight the Good Fight FAMM Families Against Mandatory Minimums by Julie Stewart Families Against Mandatory Minimums (FAMM), a national nonprofit organization, was founded in March of 1991 by attorneys, judges, criminal justice experts, and the families of inmates in response to the excessive penalties triggered by mandatory minimum sentencing policies. FAMM s mission is to promote rational sentencing policies that give judges the discretion to distinguish between defendants and sentence them according to their culpablility. We seek to end inflexible mandatory sentencing policies, to promote rehabilitation and treatment, and to insure that the punishment fits the crime. FAMM chapters exist in 22 states, led by volunteers who work on both federal and state sentencing reform. The chapters engage in grassroots and grasstops organizing, lobbying, and media outreach. Grassroots-organizing utilizes the people most directly affected by bad policies (mostly families of prisoners) and teaches them how to explain the problem to other people in terms they can understand. Grasstops-organizing targets community and religious leaders to help them learn about the impact of these laws on members of their communities. Lobbying involves active interaction with state and federal legislators to persuade them to change mandatory sentencing laws. And media coverage of individual cases provides wide-spread public education of the consequences of mandatory minimum sentences and brings increased pressure on legislators to do something to address the problems. The Liberty Legend At FAMM s national headquarters in Washington, D.C., the FAMM litigation project provides litigation assistance or pro bono counsel for cases that involve important or evolving sentencing issues before the U.S. Supreme Court, the lower federal courts and the state courts. The litigation project also considers cases involving grave injustice, regardless of the legal issue presented. Cases are generally picked up by lawyers at prominent law firms in Washington, D.C., New York, and Chicago with whom we work throughout the process. To date, we have been involved in eight U.S. Supreme Court cases, two of which we won. FAMM publishes a quarterly newsletter, the FAMM-gram, that is distributed to all FAMM members, in and out of prison. It is chock-full of articles about sentencing policy, research on sentencing and incarceration, and summaries of the most helpful legal developments. The newsletter is available for the price of annual membership, $25 for non-prisoners, $10 for prisoners, and can be obtained by contacting FAMM at the website below. FAMM also publishes free of charge, a FAMM Action Kit that provides tips on writing letters to the editor, meeting with legislators, and contacting the media. FAMM s website is a wealth of information about mandatory sentencing laws, their history, current status, and ways to actively combat them, With a Little Help from Our Friends: Musings from the President 1 Helping Fight the Good Fight: FAMM, Families Against Mandatory Minimums 2 NACDL: A Friend In Deed 3 Organization Telephone Numbers 3 The Defender Services Division: All They do and Why We Need Them 4 Kudos Korner 5 Outstanding Assistant Federal Defender Awards Outstanding Federal Defender Investigator Awards Membership Application and Renewal Form 8 Fun and Learning in Minnapolis: Pictures, Pictures

3 NACDL A FRIEND IN DEED by David Porter AFPD E. D. California The National Association of Criminal Defense Lawyers (NACDL) is the preeminent organization in the United States advancing the mission of the nation s criminal defense lawyers. It was founded in 1958 to ensure justice and due process for persons accused of crime and wrongdoing; to foster the intergrity, independence and expertise of the criminal defense profession; and to promote the proper and fair administration of criminal justice. It has a membership of more than 10,000 attorneys and 28,000 affiliate members in 50 states. NACDL offers a wide variety of benefits to its members, from publications and continuing legal education, to legal expertise and assistance. Its monthly magazine, The Champion, is the only national magazine devoted wholly to the interests, needs and concerns of the criminal defense bar. It features the latest developments in search and seizure laws, DUI/DWI, grand jury proceedings, habeas corpus, the exclusionary rule, death penalty, RICO, federal sentencing guidelines, forfeiture and indigent defense. NACDL is wellknown for the many seminars it sponsors theoughout the country covering basic trial skills and specifice topics. The National Criminal Defense College in Macon, Georgia, presents two-week sessions of its Trial Practice Institute each summer, where the likes of Judy Clarke and Terence McCarthy come together to train newer collegues. Through a network of member-to-member counsel and cooperation, NACDL offers legal and forensice expertise through the following committees: Hotline Panel of Legal Experts; Forensice Evidence Hotline; BriefBank; DNA Task Force; Forfeiture Abuse Task Force; Ethics Advisory Hotline; White Collar Forum; Amicus Curiae Committee; and, Supreme Court Oral Argument Preparation Team. NACDL is also a vigorous and respected lobbying force in Congress, state legislatures, and before administrative agencies. I had the pleasure last year of serving, along with Barbara Bergman and Lisa Kemler, as co-chairman of NACDL s Amicus Curiae Committee. As anyone who has served on a NACDL committee or attended a NACDL seminar can attest, it is a great opportunity to work with, and learn from, our best and brightest collegues. I would encourage any member of the Federal Defenders Association to become a NACDL member and take advantage of the many benefits it has to offer. And check out the NACDL Web Page at Note from the editor: Remember, we are not alone. Many times issues arise where we need the expertise of others. Below are a few of the contact numbers for organizations that may have just the answer you re looking for. If anyone knows of other organizations that provide assistance, please feel free to contact me. ABA (202) Hispanic Bar Association (202) National Bar Association (202) National Conference of Black Lawyers (202) FAMM (202) A.O. (202) National Prison Project (202) Federal Defender Training Group Office of the Pardon Attorney (202) Sentencing Commission Hotline (202)

4 The Defender Services Division: All They do and Why We Need Them! by David Hopkins Management Analyst Defender Services Division affecting the delivery of defense services in the federal courts and develop proposed solutions and policy recommendations. This branch assists the Office of General Counsel in the management of legal malpractice related actions filed against federal defenders and prepares legal opinions concerning the CJA for concurrence by that office. These individuals also determine the feasibility of establishing new defender organizations and branch offices, and assist the courts of appeals in federal public defender recruitment, selection, appointment, evaluation and reappointment processes. The Defender Services Division, in addition to the Chief Theodore J. Lidz and the Deputy Chief, Steven G. Asin, presently includes approximately 30 employees. Staff are structured into: two branches, the LEGAL, POLICY & TRAINING BRANCH and the PROGRAM ASSESSMENT & OPERATIONS BRANCH; a PROGRAM BUDGET GROUP; and a STATISTICS & SYSTEMS STAFF. LEGAL, POLICY AND TRAINING BRANCH This branch serves nine essential functions: (1) it serves as staff to the Judicial Committee on Defender Services (Committee); (2) it provides federal courts, defense attorneys, interested organizations, other AO units, and the public with guidance on policies and procedures under the CJA; (3) it provides federal courts with administrative, analytical and evaluative services relating to the operation of panels of CJA attorneys and federal public and community defender organizations; (4) in coordination with the Financial Liaison Office of Legislative Affairs (OLA), it acts as liaison with Congress and the Department of Justice and State on defender servicesrelated matters; (5) it promotes communication between and among defender organizations, CJA panel attorneys and the AO regarding substantive and administrative issues by participating in meetings of the Defender Services Advisory Group (DSAG), and planning and presenting annual Federal Defender Conferences; (6) it coordinates training and continuing education of defenders, their staff, CJA private panel attorneys and other individuals providing services under the CJA; (7) in coordination with the OLA, it analyzes proposed legislation and regulations to determine potential impact on the CJA and recommends improvements or modifications consistent with Judicial Conference policy; (8) it assists in effecting prisoner transfers from and to the United States under 18 U.S.C. ' 4109; and (9) it produces and updates administrative and operational reports, forms and manuals used by court-appointed counsel and the courts in implementing the CJA and maintains articles, directories and other items relating to defender services. The Legal, Policy and Training Branch has various duties to serve these essential functions. These are the individuals who identify problem areas and policy issues PROGRAM ASSESSMENT AND OPERATIONS BRANCH This branch serves six essential functions: (1) it performs on-site studies and evaluations of federal defender operations with emphasis on administration and management; (2) it serves as liaison with the Office of Audit, the Office of Program Assessment, and the Office of Management Coordination concerning financial audits and special matters and recommendations concerning the defender organizations; (3) it provides training to newly appointed defenders and administrative officers regarding the scope of their duties and responsibilities; (4) it provides support services with respect to federal defender staffing and salaries, travel, space and facilities, equipment and supplies; (5) it facilitates the communication of ABest Practices" and AQuality Measurement throughout the defender community and among defender organizations; and (6) it serves as Defender Services Division=s Internal Control liaison within the AO. This branch reviews personnel action requests from federal defenders and reviews, analyzes and responds to inquiries and requests from defender organizations on procurement and management of property and rental of office space. These individuals also perform primary review and evaluations of federal staffing patterns, position classification and compensation ranges. PROGRAM BUDGET GROUP This group performs eight essential functions: (1) it prepares and justifies Defender Service appropriation request, and responses to Congressional questions; (2) it analyzes individual organization budget and grant requests and develops recommendations for Defender Services Committee action; (3) it analyzes financial data and prepares financial reports; (4) it develops a financial plan for the Defender Services appropriation; (5) it monitors the status of the Defenders Services appropriation during the fiscal year; (6) it responds to federal defender requests for supplemental funding during the fiscal year; (7) it performs feasibility studies and assists in the establishment of new defender organiza- (Continued on page 5) 4

5 (Continued from page 4) tions; and (8) it provides staff support to the Committee on Defender Services= Subcommittee on Federal Defender Funding. STATISTICS AND SYSTEMS STAFF This staff has three essential functions: (1) it develops and maintains comprehensive data collection system supporting the Defender Services program; (2) it develops and performs analytical studies requiring information from Defender Services and other judiciary-management information systems to respond to inquiries regarding the Defender Services program; and (3) it develops computer systems and provides automation support. As you c a n see, DSD provides vital functions which allow us to exist, operate and do our jobs. While we are fighting diligently to protect the rights of our clients and advocating their cause, DSD is fighting diligently behind the scenes to give us the support we need to fulfill the Sixth Amendment. KUDOS KORNER Kudos to Robert McWhirter and Karen Wilkerson, AFPDs from Arizona. Karen and Robert went to trial in a blind mule drug case. Their client was facing a 10- year mandatory minimum. The jury came back hung and the government dismissed. Go team go!! Kudos to AFPD Marketa Simms in the trial court and FPD Shelley Stark on appeal in the Western District of Pennsylvania. These two had a great successful challenge to sufficiency of the evidence. The Third Circuit found insufficient evidence to support the jurisdictional element of a charge under 18 U.S.C. 2 and 844(i). An additional kudo is that the appeals court relied not only on the Lopez decision, but also on a previous case won by the same office, specifically, AFPDs Penn Hackney and Karen Gerlach. Very good law on the interstate nexus requirement. Good job! Kudos to FPD Jennifer Horan, District of Arkansas. Jennifer, a former law professor, was recently profiled in the Arkansas Law Record, the Alumni Magazine of the University of Arkansas School of Law. Jennifer gave an insightful and poignant interview explaining the feeling and commitment behind what we all do. As Jennifer explained, people have this idea that criminal defense lawyers look for loopholes to let guilty people walk free. That s not true. What we do is make sure peoples constitutional rights are protected. And that benefits us all. Note from the editor: Kudos Korner will be a standard feature in our Newsletter. If anyone knows of significant achievements obtained by our peers which should be included in Kudos Korner, please me the details. 5

6 Outstanding Assistant Federal Defender Awards 1999 The Association again presented its annual Outstanding Assistant Federal Defender Awards at the Advanced Training Seminar in Minneapolis, Minnesota, May 26, Nominations were received nationwide, with the award based on the following criteria: 1. Minimum of 10 years service in a federal defender program; 2. Extensive trial and/or appellate ad vocacy, including projects involv ing complex and novel legal issues; 3. Well-respected by fellow assistants and support staff; 4. Regularly volunteers to assist coll eagues; 5. Affords clients dignity and respect; 6. Excellent reputation in the criminal defense community; and 7. Devotes time to defense related is sues or service to the poor outside of the regular work schedule. Choosing the awards recipients is always a difficult task. All assistants provide zealous advocacy of the indigent and are committed to fight for and protect our client s constitutional rights. In selecting award recipients, the Association has them act as a mirror to the commitment we all have. As always, they exemplify what is best in our program. The Outstanding Assistant Federal Defender Awards for 1999 were given to three highly deserving individuals. Carol Brook, District of Illinois, Chicago. Carol has been with the Federal Defender s Office for almost 23 years, all of which have been in Terry McCarthy s office. Many of you will think that alone makes Carol deserving of this award. Carol is the office Deputy Director and responsible for keeping Terry on the straight and narrow. Carol s list of accomplishments is too long to list because Carol has devoted her professional life solely to the cause. Carol is always there for her clients and co-workers. This award is a small token to show the appreciation, admiration and real affection we all feel towards this exceptional lady. Bram Jacobson, District of Arizona. Bram has been with the Federal Defender s Office since 1989 and before that he was a county public defender. According to his colleagues, Bram is a defender s defender. Bram has come up with ingenious and creative defenses, including but not limited to, disputing botanical designations of cacti, and finding that offenses occurred a few feet outside federal jurisdiction. Not every one of Bram s trials is a win for the defendant, but it is a victory for the Sixth Amendment. Bram helped try the case of a client accused of killing a Navajo police officer and in the words of his co-chair, Bram s efforts saved his life. In his personal life, Bram is devoted to a menagerie of dogs and cats and excuses the fact that his spouse, a former AFPD, has become a state judge. Bram helped try the case of a client accused of killing a Navajo police officer and in the words of his co-chair, Bram s efforts saved Timothy Crooks, Northern District of Texas, Fort Worth. Tim s list of accomplishments is, to say the least, impressive. Tim, who is the appellate chief for the Northern District of Texas, has had enormous success on appeal. He had 23 remands from the Fifth Circuit in nine years. Tim had four certiorari requests summarily granted, vacated and remanded for reconsideration from the United States Supreme Court without oral argument. In a month-long trial of four defendant s, Tim s client was the only defendant acquitted of Hobbs Act extortion and conspiracy charges. Tim through a Herculean effort got the Fifth Circuit Court of Appeals to stay a contempt order to release another assistant federal public defender from custody on a Friday afternoon after that assistant was held in contempt by a district judge that same afternoon. Tim is described as a consummate diplomat in dealing with difficulties and a great wit and raconteur. Tim also gives his time outside of his normal duties in that he regularly lectures and publishes legal articles. Tim has also served as co-chair of the Fifth Circuit Liaison Subcommittee of the NACDL Amicus Committee from 1996 to the present. WE CONGRATULATE AND THANK YOU! 6

7 Outstanding Federal Defender Inves vestiga- tor The Association also presented Outstanding Federal Defender Investigator Awards at the Investigator s Conference on March 26, 1999, at New Orleans. Nominations, received nationwide, were based on essentially the same criteria as the Outstanding Assistant awards. The two variant criteria are that the individual have extensive investigative experience and he or she brings diverse talents to the job. The Outstanding Federal Defender Investigator Awards for 1999 were given to two highly deserving individuals. Ann Walker King, Middle District of Tennessee. Ann, who has worked in the Tennessee office for over 14 years, is one of the finest examples of what an investigator should be. Ann is dogged in her pursuit of witnesses and information, going wherever the investigation takes her, from the backwoods of rural Tennessee, to inner-city Los Angeles. Her tenacity and perceptive investigation are directly responsible for the acquittal or dismissal of charges against several clients. During cross-examination of a government witness at a trial, difficult questions, containing detailed information obtained by Ann, lead the AUSA trying the case to turn to the FBI agent and ask, Why don t I have this information! The answer was simple, he did not have Ann. Our client was acquitted less than an hour after deliberations began. It the words of an assistant Ann works with, she is also terribly self-effacing and will not understand why she was nominated for this honor believing that there are other, worthier, persons to whom it should go. About that she would be wrong. Frank Murphy, Southern District of Ohio. Frank, with 21 years in the federal defender program, is a worthy recipient of this award. Frank is an outspoken and influential member of the investigator community, who is a past president of the Investigators Association and helped expand that association. A new assistant in his office describes Frank as a tremendous investigator whose, expertise and experience has proved to be invaluable. C o n g r a t u l a t i o n s t o y o u b o t h! h Carol Brook enjoying these guys witty conversation. 7

8 ASSOCIATION OF FEDERAL DEFENDERS Membership Application and Renewal New Member Name: Address: Address: Renewal Job: Phone: Fax No.: Defender Office: I would be interested in working on the following committee(s): AMICUS (Henry Bemporad) AWARDS (Dennis Landin) LEGISLATIVE/TRAINING (Jon Sands) MEMBERSHIP/DIVERSITY (Kevin Murphy & Joyce Eubanks) SOCIAL (Geoffrey Hansen) I enclose my dues of $ Mail completed form and check to: Association of Federal Defenders c/o Nancy R. Graven 1949 E. Sunshine Ste Springfield, Missouri Fun in Minneapolis! Hey! Get away! Good fun at the Association get together as evidenced by these three happy happy people. 8

9 More Good fun! 9

10 Really Deserving People! The Serious Side (knida) 10

11 Is this what s known as the Presidents Page? DON T FORGET TO SIGN UP FOR A COMMITTEE As you know, the Association has several standing committees. It may seem as though we just ask you for money, but in truth we also, and more importantly, want your participation. The Association needs your impute and energy. One way to contribute is to sign up for a committee. The Association s standing committees are: (1) Amicus; (2) Awards; (3) Legislative and Training; (4) Membership and Diversity; and (5) Social. So, don t forget to sign up for a committee when you send in the membership application/renewal form included in this Newsletter. 11

12 The Association of Federal Defenders c/o Nancy Graven 1949 E. Sunshine Suite Springfield, Missouri Mailing label goes here 12

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