Friday, October 30, KACDL 29 th Annual Conference & Criminal Defense Seminar. The Galt House Hotel. 140 N. 4 TH Street.

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1 ns and Recent Developme nts in the A ppellate Courts Friday, October 30, 2015 KACDL 29 th Annual Conference & Criminal Defense Seminar The Galt House Hotel 140 N. 4 TH Street Louisville, KY 9:00 AM 4:30 PM CASE DECISIONS AND RECENT DEVELOPMENTS IN THE APPELLATE COURTS PRYING EXCULPATORY EVIDENCE OUT OF THE PROSECUTION AND POLICE TRAVERSING THE ETHICAL MINEFIELD KACDL S ANNUAL CONFERENCE OFFERS A RARE OPPORTUNITY TO BOTH LEARN AND GROW AMONGST TRULY LIKE-MINDED AND KINDRED SPIRITS. KACDL 29 TH ANNUAL CONFERENCE & CRIMINAL DEFENSE SEMINAR CHALLENGES AND PRACTICES IN MEETING THE NEEDS OF THE MENTALLY ILL IN JAILS KACDL P.O.Box 7582 Louisville, KY (502) Heather Drake, Executive Director director@kacdl.net

2 KENTUCKY ASSOCIATION OF CRIMINAL DEFENSE LAWYERS 29 th Annual KACDL Conference & Criminal Defense Seminar Space is limited, register today! This seminar is open to criminal defense advocates only. NAME: ADDRESS: CITY: STATE: ZIP: Fees: $200 KACDL Private Attorney Member $250 Non-member Private Attorney $125 KACDL Public Defender Member $150 Non-member Public Defender $100 KACDL Non-Attorney Member $25 Law Student $30 Awards Luncheon Only KBA approval is pending for 5.75 hours of CLE credit, including 1.5 hours of ethics credits. A block of rooms has been reserved for KACDL s guests at a discounted rate of $100 per room or $130 per suite at The Galt House Hotel. Please call (502) by September 29 and reference KACDL to make your reservation. Submit payment to: KACDL P.O. Box 7582 Louisville, KY *Please make checks payable to: KACDL

3 8:30 9:00 Registration 29th Annual KACDL Conference & Criminal Defense Seminar The Galt House, Louisville, KY Friday, October 30, :00 Welcome/Opening Remarks Bill Deatherage, KACDL President 9:00 10:15 Case Decisions and Recent Developments in the Appellate Courts Chief Justice John D. Minton, Jr., Kentucky Supreme Court 10:15 10:30 Break 10:30 12:00 "Prying Exculpatory Evidence Out of the Prosecution and Police: A Nuts And Bolts Guide to Litigating Brady Issues" Ira Mickenberg, Saratoga Springs, NY; Criminal defense lawyer and training consultant; founder and Director of the National Defender Training Project. 12:00 12:15 Break 12:15 1:30 Lunch and Awards Presentation 1:45 3:15 Traversing the Ethical Minefield 3:15 3:30 Break Lawrence J. Fox, Partner, Drinker Biddle & Reath LLP, Philadelphia.PA; Crawford Lecturer at Yale Law School, and founder and supervising lawyer for the Ethics Bureau at Yale; former Chair of the ABA Litigation Section and the ABA Standing Committee on Ethics and Professional Responsibility. 3:30 5:00 Step-Up and Step-Down: Challenges and Practices in Meeting the Needs of the Mentally Ill in Jails Louisville Metro Department of Corrections 5:00 Closing Remarks/ Adjournment Bill Deatherage

4 Speaker Bios CHIEF JUSTICE JOHN D. MINTON, JR. John D. Minton Jr. of Bowling Green was elected to the Supreme Court of Kentucky in 2006 and was sworn in as Kentucky s fifth chief justice in His fellow justices elected him as chief justice for a second term that began in June Under his administration, the Supreme Court adopted the state s first uniform family law rules and formed the Kentucky Access to Justice Commission to improve access to civil legal aid for the poor. As a member of the Task Force on the Penal Code and Controlled Substances Act, Chief Justice Minton joined forces with the Executive and Legislative branches to curb prison costs and improve public safety. He supports transparent government and in 2009 led the Judicial Branch in posting its financial information on a public website shared with the Executive Branch. Chief Justice Minton was in private practice for 15 years before serving as a circuit judge from 1992 to 2003 and a Kentucky Court of Appeals judge from 2003 to He holds degrees from Western Kentucky University and the University of Kentucky College of Law. He previously served on the boards of the Conference of Chief Justices and the Council of State Governments and is a 2010 alumnus of the prestigious Toll Fellowship Program, one of the nation s top leadership development programs for state government officials. In 2003, the Kentucky Bar Association honored him with its Outstanding Judge Award. He was named Distinguished Jurist in 2012 by the University of Kentucky College of Law Alumni Association. He was inducted into the Western Kentucky University Hall of Distinguished Alumni in Chief Justice Minton is the son of the late Dr. John D. Minton and Betty Redick Minton of Bowling Green. Dr. Minton retired from Western Kentucky University after serving WKU for many years as a history professor, administrator and its fifth president. At a young age, Chief Justice Minton moved with his parents from Cadiz, Ky., to Bowling Green, where he grew up and currently resides. He is married to Susan Page Minton, a Bowling Green native, and they have two children. IRA MICKENBERG Ira Mickenberg is a criminal defense lawyer, defender trainer and consultant from Saratoga Springs, NY. Ira has designed, directed and taught trial, appellate, capital, and post-conviction training programs for defender organizations throughout the nation, and is the founder and Director of the National Defender Training Project. He has also represented defendants in the United States Supreme Court, the U.S. Courts of Appeal, and the highest courts of several states, and has tried homicide and other felony cases. From 1988 to 1994, Ira was a founder and Attorney-in-Charge of the Office of the Appellate Defender in New York City. He has been certified as an expert witness in federal and state courts on the subject of effective assistance of counsel, and has taught criminal law, criminal procedure, death penalty litigation, and appellate advocacy at the University of Dayton School of Law, American University School of Law, Williams College, and New York Law School. During the month of August, Ira shuts down his practice, refuses to answer his phone, mail or , and can be found in the clubhouse at Saratoga thoroughbred racetrack.

5 LAWRENCE J. FOX Lawrence J. Fox is a partner (since 1976) and former managing partner of Drinker Biddle & Reath LLP, where he specializes in the counseling of law firms on professional responsibility concerns, participating in legal malpractice cases on behalf of either the plaintiff or the defense, providing advice in capital habeas proceedings and handling complex litigation. He is a nationally known author and expert on the professional responsibility of lawyers and law firms. In addition, Larry is the Crawford Lecturer at Yale Law School, where he teaches professional responsibility and is the founder and the supervising lawyer for the Ethics Bureau at Yale, a not-for-profit provider of pro bono professional responsibility advice. Prior to teaching at Yale, Larry was a lecturer on law at Harvard Law School, and the I. Grant Irey, Jr. adjunct professor at Penn Law School. Larry has participated in well over 200 continuing legal education programs and has given lectures or classes at over 35 law schools. Among his many professional and community service activities, Larry was a member of the ABA Commission on the Evaluation of the Rules of Professional Conduct (Ethics 2000), Chair of the ABA Post-Conviction Death Penalty Representation Project ( ), chair of the ABA Litigation Section and chair of the ABA Standing Committee on Ethics and Professional Responsibility. He was sent by the United States Department of State to Argentina (1997) and China (2002) as a specialist and speaker on the Role and Rights of Lawyers. Larry has made numerous television appearances on Nightline, Cross-Fire, the Today Show, Talk Back Live, Burden of Proof, CNN and MSNBC on topics ranging from the Clinton Impeachment to the Death Penalty. He won the ABA s Pro Bono Publico Award in 2005 and the Michael Franck Award in Larry received his LL.B., cum laude, from the University of Pennsylvania School of Law in 1968, where he was managing editor of the University of Pennsylvania Law Review. MARK BOLTON Metro Corrections Director Mark Bolton has been employed in the Corrections field for 35 years. Mark is a graduate of Arizona State University with a B.S. Degree in Criminal Science and the U.S. Department of Justice Executive Management Program. He started his career as a corrections officer in 1979 with the Arizona Department of Corrections where he worked the next 15 years as a probation/parole officer, juvenile institution superintendant, central office administrator and Operations Director of Community Corrections. In 1992 Mark relocated to the Pacific Northwest where he spent 14 years as the Deputy Director of Corrections in both Olympia and Seattle, Washington. It was also during this time Mark worked for a six-month period in Bagdad Iraq under a Department of Justice contract with the Iraqi National Prison System. Mark has been Director of the Louisville Metro Department of Corrections since Mark is also the father of two boys, Carson and Tyler, and he loves to fish and travel in his free time. STEPHEN P. DURHAM Louisville Metro Department of Corrections welcomed their new Assistant Director Stephen P. Durham this year. Stephen is a graduate of the University of Louisville where he received both B.A. and J.D degrees. Stephen began his career in private practice, working in Louisville and Shelbyvilel from 1983 until He then went to serve as General Counsel for the Kentucky Department of Corrections until Prior to this appointment, Stephen worked as Legal Counsel in the Civil Division of the Jefferson County Attorney s Office from 2005 until 2015.

6 KACDL P.O. Box 7582 Louisville, KY 40257

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