September 26, 2013

Policies Passed at Midyear 2011

The Criminal Justice Section sponsored four resolutions passed by the ABA House of Delegates (HOD) during the 2011 Mid-year Meeting in Atlanta. CJS Delegates Stephen A. Saltzburg and William Shepherd successfully led all four resolutions through the HOD for discussion and approval. The Criminal Justice Section also assisted in achieving the approval of six co-sponsored resolutions by the HOD as well.  (Click onto the relevant REPORT# to view the full text of the resolution and the background of the report):

REPORT 104A* INITIATED BY THE CRIMINAL JUSTICE SECTION, COMMISSION ON DOMESTIC VIOLENCE, and COMMISSION ON IMMIGRATION

Urges federal, state, territorial, tribal and local courts to adopt a procedure whereby a criminal trial court shall, at a reasonable time prior to a criminal trial, disseminate to the prosecution and defense a written checklist delineating in detail the general disclosure obligations of the prosecution under Brady v. Maryland, 373 U.S. 83 (1963), its progeny and applicable ethical standards. The resolution was successfully approved as revised in the HOD. The policy was drafted by the Defense Function Committee; Sean Hecker, David Isaak, and Pauline Weaver, Co-Chairs.

REPORT 104B * INITIATED BY THE CRIMINAL JUSTICE SECTION, COMMISSION ON IMMIGRATION, SPECIAL COMMITTEE ON DEATH PENALTY REPRESENTATION, STANDING COMMITTEE ON LEGAL AID AND INDIGENT DEFENDANTS, and INDIVIDUAL RIGHTS AND RESPONSIBILITIES SECTION

Urges Congress to amend 28 U.S.C. §§ 2241(d) and 2255(f)(1) to provide for equitable tolling of the one-year statute of limitations for filing for post-conviction relief when a prisoner with an attorney has asked the attorney to file a §2254 petition or §2255 motion and the attorney has failed to do so, the prisoner has notified the court of the failure within 30 days of learning of it, and a petition is filed within 120 days of the appointment of counsel or such other time as the court permits.  The above version of the resolution was approved by the HOD. This policy was drafted by the Appellate and Habeas Committee; Karyl Krug and Steven J. Wisotsky, Co-Chairs.

REPORT 104C * INITIATED BY THE CRIMINAL JUSTICE SECTION and YOUNG LAWYERS DIVISION

Urges the U.S. Sentencing Commission to complete a rigorous and comprehensive assessment of the current Federal Sentencing Guidelines for high loss economic crimes to ensure that the guidelines for such crimes are proportional to offense severity and adequately take into consideration individual culpability and circumstances by reducing the emphasis on monetary loss and combinations of multiple specific offense characteristics that overstate the seriousness of the offense, placing greater emphasis on mens rea and motive in relation to an offense, the defendant’s role in the offense, whether and to what extent the defendant received a monetary gain from the offense; and the nature of the harm suffered by victims.  The resolution was approved as revised in the HOD. This policy was drafted by the Sentencing Committee; Carlos Acosta, Barry Boss, and James , Co-Chairs.

REPORT 104D * INITIATED BY THE CRIMINAL JUSTICE SECTION, GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION, and INDIVIDUAL RIGHTS AND RESPONSIBILITIES SECTION

Urges federal, state, tribal, local and territorial governments to use electronic monitoring and home detention at government expense for juvenile offenders who are legally eligible for secure detention but whose risk of flight or further offending does not require secure pre-trial detention or incarceration. This resolution was also approved as revised in the HOD. This policy was drafted by the Juvenile Justice Committee; Michael Corriero, Kathryn Richtman, and Wojcik, Co-Chairs.

REPORT 100A**, CO-SPONSORED BY THE SECTION OF LEGAL EDUCATION AND ADMISSIONS TO THE BAR, COMMISSION ON IMMIGRATION, and CRIMINAL JUSTICE SECTION

Reaffirms support for the principles of law school self-governance and academic freedom, as well as ethical independence of law school clinical programs consistent with the ABA Model Rules of Professional Conduct; and opposes improper attempts by persons or institutions outside law schools to interfere in the ongoing activities of law school clinical programs and courses.

REPORT 103**, CO-SPONSORED BY THE STANDING COMMITTEE ON ARMED FORCES LAW, CRIMINAL JUSTICE SECTION, GENERAL PRACTICE, SOLO AND SMALL FIRM DIVISION, GOVERNMENT AND PUBLIC SECTOR LAWYERS DIVISION, YOUNG LAWYERS DIVISION, and PENNSYLVANIA BAR ASSOCIATION

Urges states and territories to adopt the Model State Code of Military Justice and the Model Manual for Courts-Martial to provide an updated body of law for military forces not subject to the Uniform Code of Military Justice when military forces are serving under the exclusive jurisdiction of Chapter 47 of Title 10, United States Code.

REPORT 107A**, CO-SPONSORED BY THE COMMISSION ON YOUTH AT RISK, COALITION ON RACIAL AND ETHNIC JUSTICE, COMMISSION ON WOMEN IN THE PROFESSION, SECTION OF FAMILY LAW, and STANDING COMMITTEE ON PUBLIC EDUCATION

Urges federal, state, territorial and local officials to prevent and remediate the existence and dangers of bullying, including cyber-bullying and youth-to-youth sexual and physical harassment, by developing education programs to assist teachers, parents and children in identifying victims of these acts and enhancing appropriate interventions.

REPORT 107B**, CO-SPONSORED BY THE COMMISSION ON YOUTH AT RISK, COALITION ON RACIAL AND ETHNIC JUSTICE, COMMISSION ON WOMEN IN THE PROFESSION, SECTION OF FAMILY LAW, CRIMINAL JUSTICE SECTION, and STANDING COMMITTEE ON PUBLIC EDUCATION

Urges federal, state, territorial, tribal and local governments to create and provide appropriate support for Youth or Teen Courts that will divert youth from the formal consequences of juvenile court petitions, proceedings, adjudications or juvenile justice sanctions.

REPORT 109C**, CO-SPONSORED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS

Approves the Uniform Electronic Recordation of Custodial Interrogations Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2010, as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein.

And REPORT 117**, CO-SPONSORED BY THE SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE and CRIMINAL JUSTICE SECTION

Urges Congress to amend subsection 13(p) of the Securities Exchange Act of 1934 (15 U.S.C. § 78m (p)) to define a person subject to the requirements of that subsection as “an issuer with securities registered under section 12 of the Exchange Act.”

*CRIMINAL JUSTICE SECTION-INITATED

**CRIMINAL JUSTICE SECTION CO-SPONSORED

Full Summaries with reports on the resolutions that were initiated and co-sponsored by the Criminal Justice Section can be viewed by visiting: Daily Journal - 2011 Midyear Meeting.