Acting Director, Post-Conviction Clinic Associate Clinical Professor of Law ( ) Visiting Associate Clinical Professor of Law ( )

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1 ACADEMIC EMPLOYMENT SIGMUND G. POPKO, ESQ. Sandra Day O Connor College of Law Arizona State University P.O. Box Tempe, Arizona (480) Sigmund.Popko@asu.edu SANDRA DAY O CONNOR COLLEGE OF LAW AT ARIZONA STATE UNIVERSITY, TEMPE, ARIZONA Clinical Professor of Law (2008-Present) Acting Director, Post-Conviction Clinic (2008-Present) Associate Clinical Professor of Law ( ) Visiting Associate Clinical Professor of Law ( ) Post-Conviction Clinic Spring 2009-Present Designed and developed the College s post-conviction clinic. The initial design was based in part on reviewing similar clinics across the country and reviewing clinical education literature. Core responsibility as Acting Director is to supervise clinic students as they review state prisoners claims of actual innocence. Teaching this course involves two related components. The first consists of an academic component where the students learn relevant legal topics such as the procedural and substantive aspects of Arizona postconviction relief proceedings and public records law, the most frequent causes of wrongful convictions, forensic evidence, DNA evidence, and jurors perceptions of forensic testimony. The second component consists of the clinic work itself. This involves close supervision of the students as they investigate prisoners cases, gather and review documentary materials, meet with the prisoners and other witnesses, interact with law enforcement and prior counsel, and make recommendations on how to handle the prisoners claims. As Acting Director responsibilities also include all administrative aspects of clinic operations such as budget, supplies, and personnel. Legal Writing Program Fall 2001-Spring 2008 Core responsibility was the instruction of first year law students in the following basic legal skills: case analysis, statutory analysis, manual legal research, computer assisted legal research, citation, objective writing, persuasive writing, and oral legal presentations (objective and persuasive). Teaching this course includes the design of multiple

2 writing projects throughout the first year course, the grading of which includes critical feedback of the students legal analysis and writing style via one-on-one meetings with the students as well as written substantive comments on their papers. Also included in the course are segments involving the students in the giving of oral presentations, oral arguments before members of the local legal community, and client counseling. Secondary responsibilities include supervising students submissions for the graduation writing requirement and their law journal writings as well as meeting with students in a mentoring role concerning law school generally, moot court competitions, job searches, and law practice. EDUCATION Juris Doctor, summa cum laude December 1987 University of Arizona, James E. Rogers College of Law, Tucson, Arizona Arizona Law Review, Writer, Order of the Coif, Arizona Chapter (May 1988) Bachelor of Arts, magna cum laude May 1984 University of Arizona, College of Arts and Sciences, Tucson, Arizona Major - Political Science Minor - Economics Phi Beta Kappa PUBLICATIONS To Good to Be True? Our Federal Judges Can Be Judges Again?, The Defender (Spring 2008) Throwing the Book at Sentencing Appeals: Reasonableness and the Booker Decision, 38 Ariz. St. L.J. 483 (2006) Through the Looking Glass: Reflecting on Prior Crimes of Violence, 17 Federal Sentencing Reporter 180 (2005) Federal Sentencing Law and Practice (Thomson West) (Annually since 2003) (with Thomas Hutchison et al.) Grid and Bear It: The Conundrum of Discussing Cooperation with Defendants, The Champion 53 (December 2001) (with Jon M. Sands) Child Pornography & the Internet: An Introduction, 5 CJA Defense Journal 9 (Spring 1997) 2

3 A Road to Willits: A Guide to Detours and New Construction, The Defender (July 1992) Note, Arizona's County Grand Jury: The Empty Promise of Independence, 29 Ariz. L. Rev. 667 (1987) PRESENTATIONS Issues in Indian and Special Jurisdictions Administrative Office of the U.S. Courts, Office of Defender Services Training Branch Panelist at CLE seminar on issues relating to Indian Country crimes & federal jurisdiction (March 30, 2007) Recent Arizona Cases on Selected Sentencing Issues Arizona Attorneys for Criminal Justice CLE Seminar, Prescott, AZ Presentation regarding recent Arizona appellate cases impacting sentencing (January 21, 2007) Symposium: Sentencing and Punishment Arizona State Law Journal sponsored symposium at the Sandra Day O Connor College of Law at Arizona State University, Tempe, AZ Presented a paper regarding the U.S. Supreme Court s decision in United States v. Booker and its probably effect on federal sentencing appeals (November 5, 2005) Fifth Annual Rocky Mountain Regional Legal Writing Conference Sandra Day O Connor College of Law at Arizona State University, Tempe, AZ. Presentation regarding first year law students use of on-line briefs (March 12, 2005) Compelling Defense Strategies: Blakely, Crawford and Beyond Arizona Attorneys for Criminal Justice CLE, Tucson, AZ Presentation regarding recent Supreme Court cases and their impact on criminal defense practitioners (September 12, 2004) Annual National Seminar on the Federal Sentencing Guidelines U.S. Sentencing Commission & Federal Bar Association, Florida Chapter, various locations Panelist on immigration sentencing guidelines (Annually from 2001 to 2003) Criminal Justice Act Panel Attorney Seminar U.S. District Court, Eastern District of Missouri, St. Louis, MO. Presentation regarding federal sentencing guideline issues with an emphasis on Eighth Circuit law (May 13, 2004) Criminal Justice Act Training Seminar Texas Criminal Defense Lawyers Assn., Albuquerque, NM Presentation on selected federal sentencing guideline issues with an emphasis on Fifth Circuit law (September 12, 2003) 3

4 Criminal Justice Act Training Seminar Administrative Office of the U.S. Courts Defender Services Division, Scottsdale, AZ Panelist on federal sentencing guideline issues with an emphasis on Ninth Circuit law (September 2003) Murder and Other Major Crimes in Indian Country State Bar of Arizona CLE, Phoenix, AZ Presentation regarding the role of the Federal Public Defender s Office in defending Indian Country cases, including material concerning federal jurisdiction over crimes in Indian Country (February 11, 2000) Who Done It and What s the Evidence State Bar of Arizona CLE, Phoenix, AZ Presentation regarding missing and lost evidence in criminal cases and related Willits instructions in state court and the federal analog (December 6, 1996) A Shore Thing Arizona Attorneys for Criminal Justice CLE, San Diego, CA Presentation regarding lost or destroyed evidence in criminal cases and related Willits instructions in state court and the federal analog (September 7, 1996) CONFERENCES ATTENDED New Clinician s Workshop Clinical Legal Education Association Case Western Reserve University School of Law (Cleveland, OH May 5-6, 2009) Conference on Clinical Legal Education Association of American Law Schools (Cleveland, OH May 6-9, 2009) Thirteenth Biennial Conference of the Legal Writing Institute Indiana University School of Law-Indianapolis (Indianapolis, IN July 14-17, 2008) Seventh Annual Rocky Mountain Legal Writing Conference William S. Boyd School of Law, University of Nevada, Las Vegas (Las Vegas, NV March 9-10, 2007) Twelfth Biennial Conference of the Legal Writing Institute Georgia State University College of Law (Atlanta, GA June 7-10, 2006) Fifth Annual Rocky Mountain Regional Writing Conference Sandra Day O Connor College of Law at Arizona State University (Tempe, AZ March 11-12, 2005) 4

5 Eleventh Biennial Conference of the Legal Writing Institute Seattle University School of Law (Seattle, WA July 21-24, 2004) Fourth Annual Rocky Mountain Regional Writing Conference William S. Boyd School of Law, University of Nevada, Las Vegas (Las Vegas, NV March 5-6, 2004) Third Annual Rocky Mountain Regional Writing Conference Univ. of New Mexico School of Law (Albuquerque, NM March 7-8, 2003) Tenth Biennial Conference of the Legal Writing Institute Univ. of Tenn-Knoxville College of Law (Knoxville, TN May 31-June 2, 2002) Second Annual Rocky Mountain Regional Writing Conference Sandra Day O Connor College of Law at Arizona State University (Tempe, AZ March 1-2, 2002) LAW SCHOOL COMMITTEES Faculty Externship Committee, Chair, Member, & Spring 2009 Honor Code Fact Finder, PROFESSIONAL & CIVIC ASSOCIATIONS Clinical Legal Education Association Member, 2009-Present Legal Writing Institute Member, 2001-Present Member, ABA Standards Education Committee, 2007-Present Arizona Regulatory Board of Physician Assistants Public Member, July 2002-October 2009 Vice-Chair, February 2009-October 2009 Member, Subcommittee on Physician Assistant Supervision February-October 2007 U.S. District Court, District of Arizona CJA Panel Selection Committee Member, 2007-Present Practitioner s Advisory Group to the U.S. Sentencing Commission Member, July 2000-Present Association of Federal Defenders Charter Member,

6 Arizona Attorneys for Criminal Justice Member, Board of Governors, 1998-Present Charter Member, 1986-Present Editor, The Defender, 2001-Present State Bar of Arizona Rules of Professional Conduct Committee Member, 2001-Present Criminal Justice Section Vice-Chair, Secretary, Criminal Jury Instructions Committee Member, Trial Practice Publications Subcommittee Member, Legal Services Committee Member, Toby House, Inc. Secretary, Board of Directors, Vice-President, Board of Directors, Member, Board of Directors, OTHER RELEVANT EXPERIENCE American Bar Association Death Penalty Moratorium Project Assessment Team Leader, October 2004-June 2006 Responsible for leading several Sandra Day O Connor College of Law students in an ABA-funded study of the Arizona capital punishment system. This study is part of a national study undertaken by the ABA. United States Sentencing Commission, Washington, D.C. Visiting Attorney, May-October 2000 Temporary detail as a visiting Assistant Federal Public Defender to the General Counsel of the Sentencing Commission; responsibilities included providing legal analysis and support to the Commission and its staff with respect to potential sentencing guideline amendments and related legal issues. Wrote various memoranda for the use of the Commission s General Counsel and members of the Commission, helped formulate responses to queries from Members of Congress, provided staff support for Commissioner s testifying before Congress, and participated in statistical research of sentencing practices. 6

7 Federal Public Defender s Office, District of Arizona, Phoenix, Arizona Assistant Federal Public Defender, General federal criminal defense practice; responsible for representation of indigent defendants from initial appearance through appeal and post-conviction proceedings. Handled a variety of cases, including homicides, sex offenses, drug possession and trafficking, immigration offenses, fraud, and firearms offenses. Meyer, Hendricks, Victor, Osborn & Maledon, P.A., Phoenix, Arizona Associate Attorney, Corporate practice involved the formation and counseling of Arizona corporations, contract negotiations, including the sale and purchase of business assets, real estate and the entering into leases. General trial and appellate litigation practice emphasized corporate and individual criminal defense; experience includes trial and appellate work on two capital cases. Arizona Supreme Court, Hon. Stanley G. Feldman, Phoenix, Arizona Judicial Law Clerk, Researched and drafted legal opinions and memoranda for state supreme court vice-chief justice. Hirsh, Sherick & Murphy, P.C., Tucson, Arizona Law Clerk and Associate Attorney, Law clerk for criminal defense firm; responsibilities included researching and drafting trial court memoranda and appellate briefs as well as interviewing clients and witnesses. After being admitted to the state bar responsibilities also included working as an associate attorney until the beginning of a judicial clerkship. BAR ADMISSIONS United States Court of Appeals for the Ninth Circuit 1992 United States District Court, District of Arizona 1988 Arizona Supreme Court