Criminal Justice Section  


Criminal Justice Magazine
Winter 2004
Volume 18 Number 4

Section News

Patrice McFarlane

Patrice McFarlane is staff counsel to the Criminal Justice Section.

Washington, D.C., Site of Fall Council Meeting

The 2003 Criminal Justice Section’s Fall Council meeting was held Nov. 14–16, 2003, in Washington, D.C. A highlight of the meeting was the international criminal law seminar moderated by Bruce Zagaris, chair of the International Criminal Law Committee. The seminar was a “primer” on international criminal law practice. The faculty included Ellen Podgor, Richard Owens, Tom Snow, Richard Preston, James Springer, Edward Krauland, Margaret Ayres, Yonah Alexander, Ann Jordan, Brenda Sue Thornton, and Elena Baylis. Distributed materials are available through the Section office; call Todd Wells at (202) 662–1512.

The Section Council considered a number of policy resolutions during the fall meeting. It approved a resolution related to persons with mental illness who come in contact with the criminal and juvenile justice systems. The resolution will be presented to the ABA House of Delegates at its Feb. 9, 2004, meeting. For more information, call Kristie Kennedy at the Section office at (202) 662–1511.

The Council also gave preliminary consideration to a proposed third edition of the standards on speedy trial and timely resolution of criminal cases from the ABA Standards on Criminal Justice . Final consideration will be given at the Council’s April 17–18 meeting. For more information, call Susan Hillenbrand in the Section office at (202) 662–1503.

The Council reviewed five of 10 parts to the report being developed by the Section’s Ad Hoc Innocence Committee to Ensure the Integrity of the Criminal Process. The committee is cochaired by Professor Myrna Raeder of Southwestern University School of Law in Los Angeles, and Professor Paul Giannelli of Case Western University. The five parts relate to (1) scientific evidence, (2) improved law enforcement training and management, (3) eyewitness identification, (4) compensation for innocents, and (5) false confessions. The recommendation on false confessions was merged with a recommendation developed by the New York County Lawyers Association. It will be jointly presented at the February meeting of the ABA House of Delegates. The remaining recommendations were given preliminary approval and will be considered for final approval at the Council’s April meeting. For more information, call Kristie Kennedy at (202) 662–1511.

The Council also considered resolutions on draft congressional legislation known as the Victory Act and the Safe Act. No action was taken; however, a study committee was appointed and will make a report to the Council at its April meeting. Robert M.A. Johnson, the Section’s vice-chair for governmental affairs, chairs the committee. For more information, call Kristie Kennedy at (202) 662–1511.

Various Section committees also met throughout the weekend. The Nominating Committee selected candidates for Section Council and officer positions to take office in August 2004. (See “Nominations” on page 15.)

New Book on Asset Forfeiture

The Book Publications Committee has produced Asset Forfeiture: Practice and Procedure in State and Federal Courts , by Dee R. Edgeworth. It is a “how to” guide to the common legal and practical issues faced by the asset forfeiture litigator. It is written for both the criminal defense attorney and the criminal prosecutor. The cost is $79.95 for Section members; $94.95 for nonmembers. To order, call the ABA Service Center at (800) 285–2221 and ask for product code 5090094, or order online at

Justice Kennedy Commission

ABA President Dennis Archer has formed the ABA Justice Kennedy Commission to review and respond to the speech made by Associate Supreme Court Justice Anthony Kennedy on Aug. 9, 2003, at the opening assembly of the ABA’s Annual Meeting. The commission will examine the efficacy of mandatory minimum sentencing, the impact of sentencing guidelines on judicial discretion, the reasons behind the racial composition of the prison population, whether prison conditions support rehabilitation and reentry or promote recidivism, and whether the pardon process can be reinvigorated.

Professor Stephen Saltzburg of George Washington University Law School and Section delegate to the ABA House of Delegates, chairs the commission. Among the 15 members of the commission are Albert Krieger, former Section chair; Robert M.A. Johnson, Section vice-chair for governmental affairs; Neal R. Sonnett, Section delegate to the House of Delegates; and Ian Comisky, a member of the Section’s White Collar Crime Committee. Acting as reporters are Professor Frank Bowman of Wake Forest University School of Law; Professor Angela Davis of American University Washington College of Law; and Margaret Love, chair of the Section’s Corrections and Sentencing Committee. Section Director Tom C. Smith is staffing the commission.

The commission’s initial public hearings were held Nov. 12–14, 2003, in Washington, D.C. Additional hearings are scheduled for, Feb. 6, 2004, during the ABA’s Midyear Meeting in San Antonio, Texas. Hearings will also be held in Los Angeles, Chicago, and Miami.

The commission is scheduled to complete its work and present a report to the ABA president and possibly the House of Delegates in August 2004. For more information, go online to or call Tom C. Smith at (800) 238–2667, ext. 1510.

Section’s Juvenile Justice Center

Through the grant-funded work of the Section’s Juvenile Justice Center, the Seventh Annual Juvenile Defender Leadership Summit was recently conducted in Baltimore, Maryland. It was attended by almost 400 juvenile defenders from across the nation. The summit brings together leading juvenile defenders for an action-oriented and skill-building program aimed at enhancing the effectiveness of representation for delinquent youth. For more information, call the Section’s Juvenile Justice Center at (202) 662–1506.

White Collar Crime Mock Trials

The law student trial team from The John Marshall Law School of Chicago won the White Collar Crime National Mock Trial Competition held   Nov. 13–15, 2003, in Washington, D.C. The competition was sponsored by the Georgetown University Law Center’s Barrister Council and the ABA Criminal Justice Section. Professor Ronald C. Smith, director of the National Criminal Justice Trial Advocacy Competition and former Section chair, and James Cole, a member of the Section Council and former chair of the White Collar Crime Committee, were advisors to the competition.

CLE Programs

Upcoming CLE programs include The White Collar Crime National Institute in Miami Beach, Florida, Mar. 4–5, 2004; the fifth annual National Conference on Science and the Law in Tampa, Florida, Mar. 14–17, 2004, and Health Care Fraud in New Orleans, Louisiana, May 12–14, 2004. For a complete listing of seminars, check the Section’s calendar online at crimjust/calendar/home.html.

White Collar Crime Newsletter

The Section’s White Collar Crime Committee regularly publishes the White Collar Crime Committee Report . Complimentary copies are available to all   Section members. To obtain a copy, call Sandra Brown at the Section office at (202) 662–1520.

Spring Meeting in Palm Springs

The Section Council and a number of Section committees will meet in Palm Springs, California, April 16–18, 2004. A CLE program will be presented on April 16. All Section members are invited to attend. For more information, call Todd Wells at (202) 662–1512 or Carol Rose at (202) 662–1519 in the Section office.


Joe D. Whitley , a former member of the Section Council and vice-chair for governmental affairs, was confirmed by the U.S. Senate in July 2003 to be the general counsel to the Department of Homeland Security. He was sworn in on Nov. 18, 2003, at the Navy Chapel in Washington, D.C. Section Director Tom C. Smith was one of the invited guests who attended the ceremony.

Dennis Saylor , former Council member, has been nominated by President George W. Bush to be a United States district court judge for the District of Massachusetts.

Lori Levin , cochair of the Women in the Criminal Justice Committee, was appointed by Illinois Governor Rob Blagojevich to be director of the Illinois Criminal Justice Information Authority. The authority is the state agency dedicated to improving the administration of criminal justice in Illinois.

Stephen Komie , former Council member, was elected treasurer of the Illinois State Bar Association by his fellow members on the association’s board of governors. He will serve a one-year term through June 2004.

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