1 PBACDL PALM BEACH ASSOCIATION OF CRIMINAL DEFENSE LAWYERS Palm Beach Association of Criminal Defense Lawyers First Annual PBACDL Mental Health Symposium Continuing Legal Education PBACDL.org Palm Beach County Convention Center Friday, April 24, :30 a.m.-5:00 p.m.
2 PBACDL.org Schedule ofevents 8:30 a.m.-8:50 a.m. Sign In & Breakfast 8:50 a.m.-9:00 a.m. Introductory Remarks PBACDL President Scott Berry Continuing Legal Education Credits 9:00 a.m.-10:15 a.m. Identifying and Litigating Competency Issues Dr. Michael Brannon Assistant Public Defender Jennifer Marshall 10:15 a.m.-10:30 a.m. Networking Break 10:30 a.m.-11:45 a.m. The Trial of an Insanity Defense Public Defender Carey Haughwout Attorney Richard Lubin 11:45 p.m.-1:00 p.m. Lunch 1:00 p.m.-2:15 p.m. Interrogations 2015: The Inside Information Checklist Dr. Gregory DeClue 2:15 p.m.-3:30 p.m. Panel Discussion: The Attorney Client Relationship in Mental Health Cases Assistant Public Defender Barbara White Dr. Lori Butts Dr. Adam White 3:30 p.m.-3:45 p.m. Networking Break 3:45 p.m.-5:00 p.m. Case Law Update: Mental Health Attorney Steven H. Malone
3 Michael P. Brannon, Psy.D., Licensed Psychologist Co-Director, Institute for Behavioral Sciences and the Law Dr. Michael P. Brannon is co-director of Institute for Behavioral Sciences and the Law (I.B.S.L.). He is a Florida licensed psychologist since 1990 with specializations in clinical and forensic psychology. He has handled over 20,000 cases in a forensic capacity and has testified as an expert over 2000 times in Federal and State Court Criminal and Civil Divisions throughout Florida. He is regularly appointed as an expert by the judiciary and is often called upon as an expert witness or forensic consultant for defense attorneys and prosecutors. His areas of expertise include sex offender risk assessments, second opinion reviews, child witness interviews, substance abuse assessments, violence risk assessments, malingering evaluations, competency to proceed, insanity at the time of an offense, competency to waive Miranda rights, and death penalty evaluations. Dr. Brannon has been qualified as an expert in all of these types of cases. Dr. Brannon also has presented seminars nationally to attorneys on a variety of topics including the DSM-5, sex offender evaluations, juvenile evaluations, child witness interviewing, competency to proceed evaluations, substance abuse evaluations, sanity evaluations, and malingering in personal injury evaluations. In addition, he has been invited to be a speaker at Florida judicial conferences on the topics of stalking, competency to proceed evaluations, and mental health issues in the legal system. Lori J. Butts, J.D., Ph.D., Licensed Psychologist President of the Florida Psychological Association, 2015 Dr. Lori J. Butts is the CEO of the Clinical & Forensic Institute (CFI) with offices in Davie and Greenacres, Florida. She received her law and doctoral psychology degrees from the jointly sponsored program by Villanova University School of Law and MCP Hahnemann University, Department of Clinical Psychology. She then completed her internship and residency training at New York University School of Medicine, Bellevue Hospital, Kirby Forensic Psychiatric Hospital, and CFI, respectively. Dr. Butts is licensed to practice psychology in Colorado and Florida and is a member of the Florida Bar Association. At CFI, Dr. Butts is responsible for the overall coordination and supervision of the various components of service delivery provided by her program staff, which encompasses a comprehensive array of clinical and forensic psychological services. Dr. Butts is the current President of the Florida Psychological Association (FPA). She has previously served as the President of the Forensic Division of FPA. Additionally, Dr. Butts was appointed by the Board of Directors of the American Psychological Association (APA) to serve on the Committee on Legal Issues (COLI). She recently received the What A Woman Award and has been recognized as a Distinguished Psychologist by FPA for her dedication and service to the profession of psychology.
4 Gregory DeClue, Ph.D. Diplomate in Forensic Psychology, American Board of Professional Psychology Gregory DeClue is a forensic psychologist in independent practice in Sarasota, Florida. He has conducted over 2,000 forensic psychological evaluations and over 1,700 evaluations of prospective or current law-enforcement or corrections officers. He has analyzed over 100 interrogations from nearly 70 different law-enforcement agencies, and has testified as an expert witness more than 500 times. Dr. DeClue is the author of the book, Interrogations and Disputed Confessions: A Manual for Forensic Psychological Practice. He authored a chapter in Police Interrogations and False Confessions, which won both the Book Award from the American Psychology-Law Society and the Prose Award from American Publishers. He is board certified by the American Board of Forensic Psychology and is a past president of the Consortium of Police Psychologists. Carey Haughwout Public Defender, 15th Judicial Circuit Carey Haughwout is the Public Defender for Palm Beach County since She has practiced criminal law since She is a board certified criminal trial lawyer and a fellow of the American College of Trial Lawyers. She has served at the request of Governor Chiles and Governor Bush on the Domestic Violence Clemency Panel and served at the request of the Supreme Court on the committee which proposed minimum qualifications for counsel in capital cases. Carey s efforts have been recognized with the ACLU Harriet S. Glasner Freedom Award, The Lord s Place Ending Homelessness Award, the March of Dimes Women of Distinction Award, and the Palm Beach County Bar Association s Professionalism Award. She is a past president of the Florida Association of Criminal Defense Lawyers, served on the Board of Legal Specialization and Education, the Florida Bar Criminal Rules Committee and on a variety of local committees dedicated to the improvement of the system of justice. For the past several years, she has chaired the Reentry Task Force for the Palm Beach County Criminal Justice Commission and has been active in reentry issues since taking office in Besides the administrative duties of managing a 200-person law office, Carey maintains an active trial practice of homicide cases
5 Attorney Richard G. Lubin Richard G. Lubin, P.A. Richard G. Lubin graduated from Boston University in He served as president of the 30,000 member student body during the school year. He graduated from Georgetown Law School in 1974 and has practiced criminal defense law in Palm Beach County since then. Richard has been a fellow of the American Board of Criminal Lawyers since In , he was its president. His practice includes charges ranging from complex white collar defense such as healthcare fraud, honest services fraud, mail and wire fraud, securities fraud, income tax fraud, RICO, money laundering and conspiracy, to homicide (including death penalty cases), narcotics violations, traffic homicide cases such as DUI manslaughter, and sex offenses. Richard is a pioneer in the effective use of trial consultants and the use of focus groups. He has a reputation for being particularly tenacious in his investigations and trial preparation. His success as a defense lawyer has led to regular requests for Richard to teach defense lawyers throughout the country. He has lectured on numerous topics including voir dire, voir dire in death penalty cases, opening statement, direct examination, cross examination, cross examination of expert witnesses, effective use of expert witnesses, defense of cases involving co-defendant or confidential informant testimony, cross examination of medical examiners, cross examination of government agents at detention hearings, attorney s fees in criminal cases, the defense of entrapment cases, insanity defense cases, closing argument, communication in the courtroom, theories and themes, as well as the defense of high profile cases. Attorney Steven H. Malone Steven H. Malone, P.A. Steven H. Malone graduated from the University of Central Florida in 1977 with a B.A. in Psychology, and earned his J.D. from the Florida State University College of Law in Steve has extensive criminal and civil litigation experience in the state and federal courts, including the United States Supreme Court. He has handled well over 100 appeals. Steve s career has taken him through some of the most complex cases the law offers. He was a charter attorney and regional supervisor for the Office of the Capital Collateral Representative, representing many death-sentenced inmates in their post-conviction cases through state and federal habeas corpus proceedings. In 1986 he moved to the Public Defender s Office in Palm Beach County, where he represented people accused or convicted of crimes in both capital and non-capital jury trials and appeals. He was also a supervisor in that office, assisting attorneys with their trials, before returning to private practice in Steve is a program attorney with the Mexican Capital Legal Assistance Program. In that capacity he works together with Mexican Consulates throughout the Southeast monitoring and assisting lawyers who represent Mexican nationals who face the death penalty.
6 Jennifer Marshall Assistant Public Defender, 15th Judicial Circuit Jennifer Marshall is a graduate of Tulane University Law school and has worked as an assistant public defender for the 15th Judicial Circuit since August, As an assistant public defender, she has worked in the Major Crimes (Homicide) division, the Serious Felonies division, and was the lead attorney in the mental health division from Ms. Marshall has represented thousands of clients charged with all manner of offense from misdemeanor cases to serious felonies and homicide. She created the first division dedicated solely to the representation of the mentally ill and has successfully litigated numerous competency hearings and trials utilizing a mental health defense. She was also the co-recipient of the 2012 Prudential-Davis Productivity Award for the creation of a first-in-florida specialized court for felony competency cases. Adam J. White, Ph.D. Clinical and Forensic Psychology Dr. Adam White is a clinical and forensic psychologist who received a Ph.D. in Clinical Psychology at Florida State University in He has been a staff psychologist at the Palm Beach County Detention Center since 1997 and has been an adjunct professor of counselor education at Florida Atlantic University, where he has taught graduate courses in Appraisal and Evaluation, Theories and Techniques, and Psychopathology in Counseling and Psychotherapy, since His primary interests include crisis intervention, suicide prevention, and the assessment, management and treatment of mentally disordered offenders. He received his forensic training at Florida State Hospital in Chattahoochee and his crisis intervention training at Crisis Line of the Palm Beaches, the Crisis Management Unit at F.S.U., and the Parent-Child Center of the Palm Beaches. He completed his pre-doctoral psychology internship at the Veterans Affairs Medical Center in Miami, Florida. He has co-authored articles which have been published in Behavioral Sciences and the Law, Correctional Health Care Report, Criminal Behaviour and Mental Health, Forensic Reports, and the Journal of Interpersonal Violence
7 Barbara White, Esq. Assistant Public Defender, 15th Judicial Circuit Barbara A. White, Esq., has practiced law at the 15th Judicial Circuit Public Defender s Office since She received her B.A. degree from the University of Maryland and J.D. from Howard University, Washington D.C. She has litigated juvenile delinquency and adult circuit court cases for the past 30 years. She has held many positions in the P.D. Office including Chief of the Juvenile Division, Chief of the Capital Division and Training Director. She presently is the Chief Assistant and Chief of the Mental Health Division. She litigates circuit criminal cases involving issues of competency, sanity and mental health mitigation. Barbara has served on many committees relating to the criminal justice system (to name a few): Juvenile Justice Boards and committees: Juvenile Detention Alternative Initiative, Domestic Violence/Respite care committee; Juvenile Justice Advisory Board; Palm Beach County Criminal Justice Commission committees: Juvenile Mental Health and Substance Abuse Committee, Corrections Task Force, Juvenile Reentry; Florida Bar Grievance Committee; Past President of Palm Beach Association of Criminal Defense Attorneys, Florida Public Defender Association Mental Health Committee. Fee Schedule $ Private Attorneys, non-pbacdl Members Private Attorneys, PBACDL Members Government Employees Remit payment: Register online at Check made payable to PBACDL with the words Mental Health Symposium in the memo line. Mail to: Scott Berry, Esq. Marshall & Berry, P.A. 515 N. Flagler Dr., Sutie P-300 West Palm Beach, FL 33401
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