January 28, 2021

2014 Summit Materials

Download the Agenda (PDF)

7:30 – 8:00 a.m. Breakfast
8:00 – 8:15 a.m. Welcome – Lisa Wood, Chair of SCLAID, Steve Hanlon, Chair of Indigent Defense Advisory Group, Jerry Cox (NACDL President)
8:15 – 9:15 a.m.

50th Anniversary of Criminal Justice Act
Moderator — Jaime Hawk, Washington Federal Defender Program
Speakers — James R. Silkenat, ABA President, Cait Clarke, Office of Defender Services, Carol Brook, Illinois Federal Defender Program, Hon. Lynn Adelman, Eastern District of Wisconsin

To commemorate the passage of the Criminal Justice Act of 1964, this session is part of a yearlong discussion of this critical law. Participants will learn the background and historical underpinnings of the CJA, which became law on August 20, 1964, providing for compensated counsel for indigent criminal defendants in the nation's federal courts. Additional topics will include the funding cuts brought on by sequestration and the government shut–down, which further eroded access to this vital constitutional right. Panelists will also discuss how bar associations and private lawyers can contribute to access to justice for all.

1A Criminal Justice Act

1B ABA Ten Principles

1C Links to 8/20/2013 CJA Event

9:15 – 10:15 a.m.

State Bar Involvement: the Washington Experience
Moderator — Bob Boruchowitz, Seattle University School of Law
Speakers — Marc Boman, PerkinsCoie, Paula Littlewood, Washington State Bar Association

Excessive caseloads plague public defenders across the country. This session will describe a 31 year history in Washington State in which defender and bar leaders worked together to develop and implement caseload limits, using a combination of bar-endorsed standards, individual appellate decisions, systemic litigation, education, state and local legislation, and the development and implementation of a court rule requiring defenders to certify that they comply with standards. The speakers include the executive director of the Washington State Bar Association, the former chair of the bar's Council on Public Defense and the founding president of the Washington Defender Association.

2A Washington Court Rule & Standards

2B Bob Boruchowitz Defender Standards Article

2C Bob Boruchowitz PowerPoint

2D CJ Madsen - Enacting Standards for Public Defenders Article

2E Boruchowitz Harvard Panel

10:15 – 10:30 a.m. Break
10:30 – 11:45 a.m.

Litigation, Acceptance, and the Culture of Public Defense
Moderator — Norm Lefstein, Indiana University Robert H. McKinney School of Law
Speakers — Tim Young, Ohio Public Defender, Janet Moore, University of Cincinnati Law School, Jon Rapping, John Marshall Law School (Atlanta)

When the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 06-441 in 2006 on excessive workloads in public defense, some persons expected there to be a litigation explosion in which defense programs challenged their extremely high caseloads. Although several important new cases were filed after the ABA's ethics opinion, court challenges have been relatively few and today there are almost no pending lawsuits across the country protesting outlandish caseloads. Meanwhile, the duty of defense counsel is clear: to act as an advocate and to subject the prosecution's case to "meaningful adversarial testing," as the Supreme Court stated in 1984 in Cronic v. United States. During this program, current indigent defense litigation will be discussed and whether defense programs are fulfilling their "adversarial testing" role or simply facilitating systems of plea bargaining. Participants also will explore whether a dangerous culture has developed in which the duty of counsel as zealous advocates has been eroded by circumstances beyond the control of defense providers. Additional subjects will include prosecution practices of "exploding plea offers" and asking that defendants waive claims of possible ineffective assistance and prosecutorial misconduct as part of negotiated plea agreements.

3A Lefstein Chapter 4

3B Janet Moore Article-Culture

3C Janet Moore Client Rights

3D WA Client Satisfaction Survey

3E Jon Rapping - Redefining Success as a Public Defender

3F Jon Rapping - You Can't Build on Shaky Ground

12:00 p.m. – 1:00 p.m.

Prof. Randolph StoneLuncheon Keynote Speaker
Keynote Speaker Professor Randolph Stone from the University of Chicago Law School directs the Criminal & Juvenile Justice Project of the Clinic, offering law and social work students the opportunity to provide quality representation to children and adults. Professor Stone will reflect on his life and observations as a public defender, a partner in private practice, a Reginald Heber Smith Community Lawyer, the Director of the Mandel Clinic, an ABA Criminal Justice Section chair, and now as a law professor.

4A American Journal of Trial Advocacy - The Role of State Funded Programs in Legal Representation Vol 17 1 Summer 1993

4B The Sentencing Project Defending the Future The Fundamental Right to Effective Defense Counsel by Randolph Stone

1:15 – 2:45 p.m.

Case–weighting Studies: Experiences in Missouri, Texas, Washington
Moderator — Adele Bernhard, Adjunct Professor of Law at New York Law School
Speakers — Josh Leesmann, Rubin Brown, Michael Lewis, Steve Hanlon, George Yeannakis, Team Child, Jim Bethke, Texas Indigent Defense Commission,

As defenders and their advocates struggle to achieve reasonable caseloads, assessing appropriate workloads is critically important. This session will discuss three different case-weighting approaches that have been developed, one in Missouri following litigation, one in Washington focused on misdemeanor cases in conjunction with the implementation of a court rule regarding caseload limits, and one in Texas by the state Indigent Defense Commission.

5A ABA 8 Guidelines

5B Steve Hanlon - Gideon Decision: Constitutional Mandate or Empty Promise?

5C The Missouri Project Report

5D Case-Weighting Study in Washington

5E Links to Texas Publications on Case Weighting

5F Texas Weighted Caseload Study

5G Texas Case-Weighting Study-PowerPoint

2:45 – 3:00 p.m. Break
3:00 – 4:30 p.m.

Wrongful Convictions: How Effective Assistance Would Have Helped
Speakers — Karen Daniel and Joshua Tepfer Northwestern University Center on Wrongful Convictions, Terrill Swift, exoneree

Two experienced post-conviction lawyers will discuss exoneration cases in which additional defense resources could have made a difference in the outcome of the original trial.

6A Karen Daniels Wrongful Convictions

6B Karen Daniels-Harper Motion for Declaration of Indigency

6C Motion for Appointment of Crime Scene Expert

6D Motion to file ex parte and under seal all defense requests for funds

6E Petition for Certificate of Innocence

6F Josh Tepfer - ABA 2014 The Englewood Four and Dixmoor Five

6G Motion for Relief, Vacation of Convictions and Release

6H Reply in Support of Petition for Relief

6I Motion to Admit Evidence of Other Crimes

6J Joint Opposition to Motion to Dismiss

4:30 – 5:00 p.m. Wrap Up – Q&A

Limited scholarships are available for this program. View more information about scholarships.

The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This transitional program is approved for both newly admitted and experienced attorneys in NY. For more information about CLE accreditation in your state, visit http://www.americanbar.org/publications_cle/mandatory_cle.html