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Criminal Justice Magazine
Spring 2003
Volume 18 Number 1

Section News

Patrice McFarlane

Patrice McFarland is staff counsel for the Criminal Justice Section.

Midyear Meeting 2003

The Criminal Justice Section’s Executive Committee and Nominating Committee held meetings at the American Bar Association Midyear Meeting on February 8, 2003, in Seattle, Washington. A list of the persons nominated for Section officer and council positions to take office in August 2003 appears elsewhere in this issue of Criminal Justice.

The ABA House of Delegates held its meeting February 10–11, 2003, in Seattle, Washington. The ABA House of Delegates approved a number of resolutions either sponsored or cosponsored by the Criminal Justice Section. These included:

  • Report No. 103B—reduction/modification of prison sentences under extraordinary circumstances. The Section was the primary sponsor of this resolution, which was approved by the Section Council at its November 2002 meeting.
  • Report No. 109—access to counsel and meaningful judicial review for detained citizens and legal residents to provide representation for the limited purpose of determining the legitimacy of "enemy combatant" status.
  • Report No. 104—"gatekeeper" role for lawyers for suspected money laundering activity.
  • Report No. 107—Revised "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases."
  • Report No. 113C—Uniform Child Witness by Alternatives Methods Act.
  • Report No. 118—urging oversight hearings and consideration of certain amendments to the Foreign Intelligence Surveillance Act.

For more information on these reports, contact Section Director Tom Smith at (202) 662–1510.

The Section withdrew from House of Delegates consideration the "Collateral Sanctions and Disqualification of Convicted Persons" Standards that were given final approval by the Criminal Justice Section Council at its November 2002 meeting. The withdrawal was made as a courtesy to the delegates from the Conference of State Trial Judges, who requested additional time to review the standards. The standards will be taken up by the House of Delegates at its August 2003 meeting. For more information on the standards, contact Susan Hillenbrand, staff director for the Section’s Standards project at (202) 662–1503.

Join Us in San Francisco

The 2003 ABA Annual Meeting will be held August 7–12, 2003, in San Francisco. The Criminal Justice Section will be headquartered in the Mark Hopkins Hotel and most of the Section’s activities will take place August 8–10. A variety of accredited CLE programs and committee meetings will be held throughout the weekend. All members are invited to attend and encouraged to register now at www.abanet.org/annual.2003 or call (800) 285–2221 to receive a registration form. The deadline for early registration (which includes a discount on fees) is May 30, 2003.

Juvenile Justice Center

Livingston Hall Award. The Criminal Justice Section’s Juvenile Justice Center is now accepting nominations for the 18th Annual Livingston Hall. The award was established by the Section to recognize lawyers practicing in the juvenile delinquency field who have demonstrated a high degree of skill, commitment, and professionalism in representing their young clients. Nominations are due April 18, 2003, to Amanda Petteruti at the ABA Criminal Justice Section Juvenile Justice Center. Contact her at (202) 662–1506 or petterua@staff.abanet.org.

CLE on disparity. The Criminal Justice Section’s Juvenile Justice Committee, in partnership with the Illinois State Bar Association, presents The Face of Disparity: Addressing Overrepresentation in Juvenile Justice on Friday, May 2, 2003, from 2:30 to 5:30 p.m. at Northwestern University in Chicago. CLE credit will be provided. A reception is also planned for ABA and ISBA Juvenile Justice Committee members May 2, 2003, from 5:30 to 7 p.m. at Northwestern University. Finally, the spring meeting of the Section’s Juvenile Justice Committee will be held jointly with the ISBA on Saturday, May 3, 2003, from 9 a.m. to noon, at the Illinois State Bar Association in Chicago.

Task Force on Integrity of Trial Process

The Criminal Justice Section created a Task Force on the Integrity of the Criminal Trial Process, which held its first meeting March 1–2, 2003, in Washington, D.C. It is broadly examining systemi c changes to the justice system designed to (a) minimize the chance of innocent persons being convicted; (b) recommend remedial measures to establish the innocence of persons who have been incorrectly convicted; and (c) rectify the results of such convictions. The task force is working closely with Section committees, which will develop recommendations on these matters. Its cochairs are Prof. Myrna Raeder of Southwestern University School of Law and Prof. Paul Giannelli of Case Western University Law School. For further information on the task force’s work, contact Kristie Kennedy in the Section staff office at (202) 662–1511.

New on the Bookshelf

The Criminal Justice Section recently published the following books:

  • The Child Witness in Criminal Cases (product code: 5090088) by the Section’s Task Force on Child Witnesses.
  • The Fourth Amendment Handbook, Second Edition (product code: 5090083) by William Greenhalgh and updated by Charles Moylan, Amie Clifford, Anthony Joseph and Sharon Rubinstein.
  • The Criminal Lawyer’s Guide to Immigration Law: Questions and Answers (2002 Supplement—USA Patriot Act) (product code 5090090) by James McWhirter.

To order, call the ABA Service Center at (800) 285–2221 and refer to the product codes listed after each book.

Working Group on Attorney/Client Relationship

Section Chair Albert Krieger has initiated a new Section working group to examine recent developments that have an impact on the attorney/client relationship. Council member Jan Handzlik will head the group. Handzlik, of Los Angeles, is a former chair of the Section’s White Collar Crime Committee.

Statement on FRE 804(b)(3)

Members of the Section’s Rules of Criminal Procedure and Evidence Committee have collaborated to develop a letter containing comments on proposed amendments to Federal Rule of Evidence 804(b)(3) (hearsay—statement against interest). The letter was submitted to the Judicial Conference’s Committee on Rules of Practice and Procedure on behalf of the individual committee members ( not as a statement of the ABA or the Criminal Justice Section). For a copy of the letter, contact Kristie Kennedy, Section attorney, at (800) 238–2667, ext. 1511.

Code for Prosecutors of International Criminal Court

The ABA’s Center of Professional Responsibility developed comments on the proposed "Code of Professional Conduct for Prosecutors of the International Criminal Court." The comments were provided to David Stoelting, ABA representative to the International Criminal Bar’s International Criminal Court Steering Committee. The comments are based on the ABA Model Rules of Professional Conduct. Call Sandra Brown, Section administrative assistant, at (800) 238–2667, ext. 1520, for a copy of the comments.

ABA Representatives in India

Under a grant from the U.S. Agency for International Development, the ABA’s Asia Law Initiative held a roundtable program on criminal justice issues in Delhi, India, Feb. 24–26. The program was presented to members and staff of the Committee on Reforms of the Criminal Justice System (the "Malimath Committee"). The Criminal Justice Section played a pivotal role in identifying the three ABA representatives. Those attending were: Judge Kevin Burke, chief judge of the Hennepin County District Court in Minneapolis, Minnesota; Robert Litt, chair of the Section’s White Collar Crime Committee; and Raganath Manthripragada, a prosecutor in the Counterterrorism Section of the U.S. Department of Justice (DOJ), who spent more than seven years as an assistant state’s attorney in Prince George’s County, Maryland. Manthripragada was enlisted for this proj-ect through Eric Jaso, the DOJ’s representative on the Criminal Justice Section Council.

New Council Member

Kevin Meenan, district attorney from Casper, Wyoming, has been appointed by the National District Attorneys Association to be its representative on the Criminal Justice Section Council. He replaces Richard Callahan of Jefferson City, Missouri, who was recently elected a judge. Callahan served on the Council since 1996.

Continuing Legal Education

Please check the Section’s calendar at www.abanet.org/crimjust/calendar/home.html.

Staff Changes

Stacey Brown joined the Section office in Washington, D.C., in January. She is the administrative assistant to the Section’s Criminal Justice Standards project. ؀



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