Criminal Justice Section  


Criminal Justice Magazine
Winter 2003
Volume 17 Issue 4

Section News

Patrice McFarlane

Patrice McFarlane is staff counsel with the Criminal Justice Section.

Fall Council Meets in Miami Beach

The 2002 Fall Council Meeting was held November 16–17, 2002, in Miami Beach, Florida. Action items approved by the Section include: 1) new provisions relating to collateral sanctions and disqualifications of convicted persons that will become part of the ABA Standards for Criminal Justice if approved by the House of Delegates at its February 10, 2003 meeting; 2) a proposed ABA policy pertaining to detention of persons in conjunction with terrorism investigations, which will be considered by the House of Delegates at its February 10, 2003 meeting; 3) a proposed ABA policy on sentence reduction in extraordinary and compelling circumstances for consideration by the ABA House of Delegates at its February 10, 2003 meeting; 4) Section cosponsorship of fellowships dealing with the war crimes tribunal for Rwanda; 5) Section cosponsorship of the Senior Lawyers Division resolution for February 2003 consideration by the House of Delegates expressing ABA support the U.S. Constitution and doctrine of judicial review; and 6) Section cosponsorship of the ABA Dispute Resolution Section’s March 2003 conference. Various Section committees also met throughout the weekend. For information on these activities as well as committee meetings and the CLE program, contact the Section staff office at (202) 662–1500 or e-mail .

ABA Presidential Appointments

Upon recommendation of the Criminal Justice Section, ABA President A.P. Carlton has appointed Judge Ernestine Gray of New Orleans, cochair of the Section’s Juvenile Justice Committee, to the newly formed ABA Coordinating Council on Unified Family Courts. He has also appointed long-time Section member Jane Durgom-Powers as the American Bar Association representative to the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW).


Norman K. Maleng, chair-elect, appeared on the cover of the Washington Law & Politics August/September 2002 issue. The relevant article highlights his personal and professional triumphs and challenges.

Robert E. Shepherd, Jr., professor emeritus of the T.C. Williams School of Law and author of this magazine’s juvenile justice column, was appointed by Virginia Governor Mark Warner to serve on the State Advisory Group (SAG).

Sheila Murphy, a member of the Criminal Justice Section Council and former Cook County Circuit Court judge, has been appointed to the Illinois Attorney General’s Death Penalty Reform Council.

Lori Levin, cochair of the Section’s Ad Hoc Committee on Women in Criminal Justice, is now treasurer of the Women’s Bar Association of Illinois and chair of the Standing Committee on Mental Health Law of the Illinois State Bar Association.




Juvenile Justice Center

The Section’s Juvenile Justice Center held its committee meeting on Saturday, November 9, 2002, in Washington, D.C. The committee has been working with the ABA president’s office and other ABA entities to impact juvenile death penalty cases and work to implement ABA policy that supports abolishing the juvenile death penalty. For current information visit the recently updated Juvenile Death Penalty website at The committee has drafted a recommendation and report aimed at addressing the disproportionate representation of racial and ethnic minorities in the justice system and hopes to present this to the Criminal Justice Section Council at its April 12–13, 2003 meeting.

The Section’s Juvenile Justice Committee holds its spring meeting in Chicago, Illinois, on May 3, 2003, in conjunction with the Illinois State Bar Association. The two will jointly sponsor a CLE program May 2.

Through the grant-funded work of the Section’s Juvenile Justice Center, staff recently conducted the sixth Annual Juvenile Defender Leadership Summit in Phoenix, Arizona, attended by almost 300 juvenile defenders from across the nation. Grant funding also enabled the center to conduct two workshops for attorneys. The first session was held in Savannah, Georgia, on October 4–5, and focused on developing guidelines for representation of children in delinquency systems. The second session was held in Jackson, Mississippi, on November 12–13, and provided information about juvenile court representation to attorneys willing to take on pro bono cases.

Task Force on Terrorism Measures

Criminal Justice Section Chair Albert Krieger has acted in conjunction with Mark Agrast, chair of the Section of Individual Rights and Responsibilities (IR&R), to appoint a joint Task Force on Terrorism Measures. The members from the Criminal Justice Section are Margaret Love, CJS Council member, Ken Bass, a member of the ABA Standing Committee on Law and National Security, Jack Cinquegrana of the law firm Choate, Hall and Stewart in Boston, and Frank Bowman, a former federal prosecutor who now teaches at University of Indiana. Members representing IR&R are Michael Greenberger, a law professor at the University of Maryland School of Law, John Payton of the law firm Wilmer, Cutler and Pickering in Washington, D.C., John Podesta, former White House counsel in the Clinton administration, and Neal Sonnett, a member of both the IR&R and CJS councils. Margaret Love gets much of the credit for organizing the group’s deliberations, which have been conducted through conference calls. The group has coordinated its work with the ABA Task Force on Enemy Combatants, which is chaired by Neal Sonnett. A report from this joint CJS/IR&R task force was presented at the Criminal Justice Section Council’s fall meeting.

Task Force on Child Witnesses

In 2001, the ABA Criminal Justice Section established a task force composed of prosecutors, defense attorneys, judges, clinical specialists, researchers, and educators to update the commentary to the "ABA Guidelines for the Fair Treatment of Child Witnesses in Cases Where Child Abuse Is Alleged," that was developed by the Section in 1985. The task force undertook a retrospective review of child witness developments in the courts, legislation, and policies in the last 17 years. It has issued a report focusing on children as witnesses and the effects on children primarily in cases where child abuse is alleged. Although it does not include extensive reference to sources concerning child witnesses in other types of cases and the effects on child testimony in such cases, much of the research and conclusions are relevant beyond the context of child abuse cases. A copy of the 86-page publication, which contains extensive references and a very useful appendix, is available for $10 from the ABA Service Center at (800) 285–2221. Ask for product code 509088.

Continuing Legal Education

As noted in the Fall 2002 issue of Criminal Justice magazine, the Section offered a variety of continuing legal education programs this fall. The fourth annual National Conference on Science and the Law was cosponsored in Miami, Florida, on October 3–5 with the Department of Justice’s National Institute of Justice, the American Academy of Forensic Sciences, and the National Center for State Courts. The Section’s White Collar Crime Committee has been particularly busy with regional programs, including two on October 24. One was held in Boston, Massachusetts, and featured "Obstruction—The New Crime," and "Accounting—Top Issues in Financial Statements." The other was held in Charlotte, North Carolina, entitled "Crime in the Suites: Corporate Conduct in 2002." On November 15, a program on "Privatization of Prosecutions" was held in conjunction with the Section Council meeting in Miami Beach, Florida. At that same meeting, a briefing session was held on "Practice Tips and Pitfalls in Handling the Child Witness."

New programs are regularly being added to the Section calendar. For up-to-date information, go to the Section website at home.html.

Comments on International Criminal Court

The ABA Criminal Justice Section and the ABA International Law Section jointly developed comments that were submitted to the recently formed International Criminal Bar. The comments pertained to the draft code of professional conduct developed by the International Bar Association for the International Criminal Court, and draft constitution of the International Criminal Bar. For a copy of the two documents, contact Sandra Brown in the Section staff office at (202) 662–1520.

White Collar Crime Newsletter

The Section’s White Collar Crime Committee regularly publishes a newsletter entitled the White Collar Crime Committee Report. It is sent to all committee members, but a complimentary copy of the latest issue is available to any Section member. Contact Sandra Brown at (202) 662–1520.

The Link

The Section’s quarterly newsletter, The Link, provides information to state and local bar leaders about Section activities that are of interest and relevant to practitioners of criminal law on the local level. For a copy of the most recent issue, contact Patrice McFarlane at (202) 662–1516.

Join Us in San Antonio

The Criminal Justice Section Council and a number of Section committees will meet in San Antonio, Texas, April 11–13, 2003. A continuing legal education program will be presented in conjunction with local bar groups. All members are invited to attend. For additional information, check the Section website or contact Section Director Tom Smith at (202) 662–1510.

Staff Changes

Todd Wells joined the Section staff in December as staff director for planning and development. He succeeds Sherrill Fortinberry, who held this position for more than 10 years.

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