Defender Track Sessions
This is a tenative schedule and is subject to change.
Thursday, November 17, 2005
Defender Caucus |
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8:30 am - 10:00 am |
| The Defender Caucus is an annual gathering of the defender community to discuss issues of shared interest. NLADA will provide national updates on issues of concern for the defender community, including recent legislative efforts to eliminate the writ of habeas corpus; indigent defense reform efforts in Montana, Louisiana, and other jurisdictions; the National Committee on the Right to Counsel; federal funding for capital defense litigation training; leadership and management development opportunities; and other NLADA initiatives. This year’s Defender Caucus will also provide an opportunity for the defender community to discuss and provide feedback on these issues and initiatives.
Whether you are a public defender, an assigned counsel, a sentencing advocate or mitigation specialist, an administrator, an investigator, or a private criminal defense attorney, the Defender Caucus will provide you with an opportunity to meet your colleagues from around the country, and to contribute to the future development of on-going NLADA initiatives. Join us for a lively and vibrant discussion, and to rejuvenate and prepare to explore the many learning opportunities NLADA’s Annual Conference provides! |
Defender Community Forum |
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10:15 am - 11:45 am |
| The Defender Community Forum will feature an interactive discussion of the common issues we face as defenders, with our colleagues from around the country who are also dedicated to the fundamental values of justice, fairness, and democracy that are at the heart of the defender community. Topics of discussion will include the recent national spotlight on long-standing issues of poverty and race; the particular challenges to the criminal justice system in the aftermath of Hurricanes Katrina and Rita; strategies for responding to efforts to eliminate the writ of habeas corpus; and systemic issues that impact the ability of public defense systems to deliver high quality representation to clients.
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Excessive Caseloads: Ethical and Litigation Strategies for Ensuring Effective Client Representation |
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1:45pm – 3:15pm |
| Excessive caseloads are the unfortunate hallmark of public defense systems throughout America. While usually caused by legislative or fiscal issues beyond the control of any one trial attorney, excessive caseloads frequently interfere with the ability of public defenders to provide high quality services to each and every client. In response to this growing problem, public defenders from around the country have developed creative strategies for addressing this serious issue. This first of two sessions on caseloads will explore the ethical implications of excessive caseloads, and suggest practical strategies for addressing this issue through litigation and appropriate ethical channels. |
| Catherine Beane, National Legal Aid & Defender Association; Malia Brink, National Association of Criminal Defense Lawyers; Walter Sanchez, Lorenzi-Sanchez, LLP |
Mitigation Investigation: A Holistic Approach to Representing Your Client in Non-Capital cases |
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3:30 pm - 5:00 pm |
| This session will present defense counsel with an opportunity to explore how mitigation investigation, a required component of capital cases, can be used in their non-capital cases both in dealing with guilt and sentencing issues. Ethical Component: Participants will be invited to consider the ethical implications of how or whether to perform mitigation investigation over the objections of the client. |
| Tony McKnight, Federal Defenders of Eastern Washington and Idaho; Brenda Bentley, FDEWI; James Tibensky, Federal Defender Program of Chicago |
Bringing a Statewide Focus to the Problem of Excessive Caseloads |
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3:30 pm - 5:00 pm |
| In October 2004, the Kentucky Department of Public Advocacy (DPA) launched a public relations campaign entitled “Justice Jeopardized” to raise consciousness surrounding DPA’s unacceptable caseload levels. Through efforts of this campaign, DPA received an additional $1.8 million for caseload relief. Workshop participants are invited to learn more about this campaign to generate similar successes in other states. |
| Ernie Lewis, Kentucky Department of Public Advocacy; Shannon Means, Kentucky Department of Public Advocacy |
Friday, November 18, 2005
Looking Good: Improving Community Perceptions, Securing Community Support for Reform |
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8:30 am - 10:00 am |
| Positive community perceptions often lead to community support for the defender’s critical role in the justice system – support that can translate into systemic reform that benefits defenders and their clients. This session will challenge defenders to consider how they are perceived and to identify ways to influence those perceptions. |
| Kirsten Levingston, Brennan Center for Justice at NYU School of Law; Carlos Martinez, Dade County Public Defender Office; Linda McLaughlin, Brennan Center for Justice |
Getting Rid of No-Counsel Courts:
The Role of the Public Defender in Addressing Shelton and Argersinger Violations |
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8:30 am - 10:00 am |
| America’s criminal justice system has a “dirty little secret”: each and every day, thousands of criminally accused persons are processed through the criminal justice system without access to counsel, in direct violation of Shelton and Argersinger. How prevalent are "no-counsel courts?" What role should public defenders play in addressing these constitutional violations? This session will explore practical strategies that defenders and criminal justice advocates can – and have – successfully employed to address this issue both systemically and in individual cases. |
| Catherine V. Beane, National Legal Aid and Defender Association; Robert C. Boruchowitz, King County Public Defender Association; Andrea Marsh, Fair Defense Project; Dominic Gonzales, Fair Defense Project; David Carroll, National Legal Aid and Defender Association |
Systemic Approaches to Brady v. Maryland Litigation |
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10:15 am - 11:45 am |
| Using examples from recent PDS cases, this presentation will give an overview of how to litigate issues involving the suppression of exculpatory evidence by prosecutors. The presentation will discuss tips on the particular information that should be sought in discovery and how to compel disclosure. An outline of the case law, sample discovery letters, motions and jury instructions will be provided. In addition, presenters will offer some strategies for securing exculpatory information through the adoption of the sort of reporting requirements imposed throughout the country. |
| Timothy O'Toole, Public Defender Service for DC; Catharine F. Easterly, Public Defender Service for the District of Columbia; Santha Sonenberg, Public Defender Service for the District of Columbia; Laura Moorer, Public Defender Service for the District of Columbia |
Racial Diversity in the Ranks: Attracting and Retaining Lawyers of Color in Defender Offices |
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10:15 am - 11:45 am |
| Though the people represented by many defender offices across the country are people of color, often the lawyers representing them are not. This session will explore the challenges defender offices face in attracting and retaining lawyers of color, with panelists emphasizing ways in which defenders have succeeded in increasing racial diversity in their offices, and how that enhances the agency’s reputation in the communities they serve. |
| Kirsten Levingston, Brennan Center for Justice at NYU School of Law; Catherine V. Beane, National Legal Aid and Defender Association; Edwin Burnette, Office of the Cook County Public Defender; Carlos Martinez, Dade County Public Defender Office; Lisa Schreibersdorf, Brooklyn Defender Service |
Indigent Defense Eligibility Guidelines: Who Should Qualify for Free Counsel? |
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4:00 pm - 5:30 pm |
| Currently no up-to-date national standards guide communities in setting criteria to govern determinations of eligibility for free indigent defense services. This session will invite discussion of approaches in use and best and worst practices. |
| Emily Chiang, Brennan Center for Justice at NYU School of Law; Jonathan Gradess, New York State Defender Association |
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