Criminal Justice Section  


Criminal Justice Magazine
Fall 2003
Volume 18 Number 3

Section News

Patrice McFarlane

Patrice McFarlane is staff counsel to the Criminal Justice Section.

Annual Held in San Francisco

The 2003 ABA Annual Meeting was held Aug. 7–12, 2003, in San Francisco. The Section Council and committees met throughout the weekend. Both Criminal Justice Section House of Delegates resolutions (Report No. 101A—Collateral Sanctions, and Report No. 101B—Disproportionate Representation of Minority Youth in the Justice System) were approved. For more on Report 101A, contact Susan Hillenbrand at (800) 238–2667, ext. 1503. For more on Report 101B, call (800) 238–2667, ext. 1753. For information about the Annual Meeting, Council activities, committee meetings, or CLE, call the Section at (202) 662–1500 or go to

Kudos to Section Award Winners!

Minister of Justice Award: Cal Rerucha, district attorney of Laramie, Wyoming, (1986–2002), and David Schwendiman, an assistant U.S. attorney in Utah since 1987, received the Section’s Minister of Justice Award. The Section presents this award annually to a prosecutor who embodies the principle that a prosecutor’s obligation is to protect the innocent as well as convict the guilty. It is the only award granted through the American Bar Association specifically reserved for prosecutors. The awards were presented at the Section’s reception in San Francisco. Cal Rerucha was honored for work that included prosecuting the cases that resulted from the brutal 1999 slaying of college student Matthew Shepherd. Rerucha now holds a federally funded post prosecuting drug cases in Rock Springs, Wyoming. David Schwendiman served in the U.S. Navy Judge Advocate’s Corps before becoming an assistant U.S. state’s attorney, and has prosecuted a number of high-profile cases. He is also an adjunct law professor and heads several coordination task forces for the district of Utah.

Charles English Award: Judge Andrew Sonner, of Maryland’s Court of Special Appeals, has been selected as the 2003 winner of the Section’s Charles English Award. The honor recognizes a Section member who has enhanced the relationship between prosecutors and defense bar members by setting an example that subordinates parochial defense bar and prosecution views in both professional and bar association endeavors in favor of achieving a result that promotes fairness and justice. Judge Sonner, Section chair in 1991–92, was the state’s attorney of Maryland County, Maryland. The award will be presented during the Section Council’s fall meeting, Nov. 14–16, 2003, in Washington, D.C.

Greenhalgh Student Writing Competition: Michael Morley, a 2003 graduate of Yale Law School, received the William W. Greenhalgh Student Writing Competition award based on an essay he wrote on the topic of the Fourth Amendment and the constitutionality of the use of roadblocks. The essay appears in this issue of Criminal Justice magazine.

Livingston Hall Juvenile Justice Award: Kim Brooks, executive director and founder of the Children’s Law Center, and Shannan Wilber, executive director of Legal Services for Children in San Francisco, received the 18th Annual Livingston Hall Juvenile Justice Award. The award recognizes the contributions of the "unsung" heroes who regularly represent the interests of children in the juvenile justice system and demonstrate the highest degree of skill and professionalism. ABA President Alfred P. Carlton, Jr., presented the award. For more on the award, contact Maura McManmon at (202) 662–1506 or e-mail

Section Promotes Fellers Amicus Brief

The American Bar Association filed an amicus brief in U.S. v. Fellers with the U.S. Supreme Court on July 11, 2003. Recommended by the Criminal Justice Section, the brief was drafted by Thomas Goldstein of Goldstein and Howe (Washington, D.C.), and Prof. Rory Little of Hastings College of the Law (San Francisco). Prof. Little cochairs the Section’s Amicus Committee.

Based on the ABA Criminal Justice Standards, the brief argued that the Eighth Circuit incorrectly held that police contacting an indicted criminal defendant had no obligation to advise him of the right to counsel because they did not "interrogate" him. It also argued that subsequent Miranda warnings in the jail were insufficient to remedy the previous Sixth Amendment violation. As noted in the brief, it was filed "to emphasize the ABA’s long-standing concern for meaningful protection of the constitutional right to counsel for all persons formally charged with a crime, and to note that greater protections may be required for Sixth Amendment violations than for simple Miranda violations, in order to make vital the constitutional Right to Counsel." It is available at www.abanet. org/amicus/briefs/fellers_final.pdf.

Nominating Committee Meets in November

Departing from its usual February meeting date, the Section Nominating Committee will meet on Nov. 14, 2003, in Washington, D.C. For more, see the inside back cover.

Attorney/Client Relationship Group

The Section appointed 17 members to a new Working Group on Attorney/Client Relationship to examine the current state of the relationship, including the right to counsel. Albert Krieger, 2002–03 Section chair, created the group in light of emerging court decisions and legislation recently enacted in the wake of corporate prosecutions and antiterrorism measures. Jan Handzlik, a Section Council member, is the chair. A final report is expected in 2004.

Initiative on Sentencing and Corrections

U.S. Supreme Court Associate Justice Anthony Kennedy expressed concern about aspects of the U.S. Sentencing Guidelines and the country’s correctional system during a speech at the ABA’s 2003 Annual Meeting. ABA President Dennis Archer appointed a group to examine these issues and turned to the Criminal Justice Section to play a primary role. For a copy of Justice Kennedy’s speech, call Section Director Tom C. Smith at (800) 238–2667, ext. 1510.

White Collar Crime Trial Competition

Approved by the ABA Board of Governors, the Georgetown University Law Center’s Barrister Council and the ABA Criminal Justice Section will sponsor the White Collar Crime Trial Advocacy Competition on Nov. 13–14, 2003, in Washington, D.C. Professor Ronald C. Smith, director of the National Criminal Justice Trial Advocacy Competition (cosponsored by the John Marshall Law School and the Section), was instrumental in arranging the competition. He was assisted by James Cole, a member of the Section Council and former chair of the White Collar Crime Committee. For more, call Prof. Smith at (312) 987–1444.

Conspiracy Book

The Section has published the second edition of A Portable Guide to Federal Conspiracy Law—Tactics and Strategies for Criminal and Civil Cases by Joseph E. McSorley. The cost is $64.95 for Section members. Call the ABA Service Center at (800) 285–2221; request product code 5090091.

"State of Criminal Justice" Report

The Section has issued the 2003 "State of Criminal Justice" report, which has articles by experts in the forensic science arena. Topics include lab accreditation, forensic scientists as experts, and horizontal gaze nystagmus. Copies are $12. Call the ABA Service Center at (800) 285–2221; request product code 5090093.

Join Us in Washington, D.C.

The Section Council and various committees will meet in Washington, D.C., Nov. 14–16, 2003. All members are invited. CLE programs, committee meetings, and social events are slated. For more, call Section Director Tom C. Smith at (202) 662–1510.

Money Laundering Enforcement Seminar

The annual seminar, jointly sponsored by the ABA Criminal Justice Section and the American Bankers Association, will be held Oct. 19–21, 2003, at the Capital Hilton in Washington, D.C. For registration information, call 1–800–BANKERS.

Section Members in the News

Prof. Myrna Raeder, of Southwestern University School of Law, received the Ernestine Stahlut Award on September 18 from the Women Lawyers Association of Los Angeles. The award is given to a woman in the legal profession who has attained the respect, admiration, and affection of the bench and bar through her outstanding character, dedication to service, and significant contributions to the cause of justice. Prof. Raeder, a former Section chair, was the 2002 winner of the Margaret Brent Award, one of the ABA’s top honors.

Michael Wims, cochair of the Section’s Prosecution Function Committee, has been reappointed by the Utah Supreme Court to a second four-year term as chair of Utah’s Rules of Criminal Procedure Committee.

Staff News

Patrice McFarlane was admitted to the Maryland Bar in July 2003. She is the Section’s staff counsel, overseeing the Section’s outreach efforts, and staffs several Section committees.

Maura McManmon has joined the Section’s Juvenile Justice Center as project assistant. She replaces Amanda Petteruti who is pursuing a doctorate.

Return to Table of Contents - Fall 2003

Return to Criminal Justice magazine home page