Criminal Justice Section  


Criminal Justice Magazine
Fall 2004
Volume 19 Number 3

Section News

By Patrice McFarlane

Patrice McFarlane, is staff counsel to the Criminal Justice Section.

Join Your Colleagues in Washington, D.C.
The Criminal Justice Section Council and a number of Section committees will meet in Washington, D.C., November 12-14, 2004. All Section members are encouraged to attend. Continuing legal education programs, committee meetings, and social events will be held. For information, call Section Director Tom Smith at (202) 662-1510.

Report on Annual in Atlanta
The 2004 ABA Annual Meeting was held Aug. 5-10, 2004, in Atlanta, Georgia. The Section Council held its meetings on August 7 and 8. Members of the following committees also met: Continuing Legal Education Committee, Rules of Criminal Procedure and Evidence Committee, Book Publishing Committee, Victims Committee, Juvenile Justice Committee, the Prosecution Function Committee, the Defense Function Committee, the Ad Hoc Innocence Committee, and Magazine Editorial Board. In addition, the Corrections and Sentencing Committee held a program on the Supreme Court’s recent Blakely decision. Panelists included Norman Maleng (Section chair and district attorney of King County, Seattle, Washington), Deborah Rhodes (U.S. Department of Justice), Ronald Weich (former U.S. Senate staff member, now a partner with Zuckerman Spaeder in Washington, D.C.), Nick Turner of the Vera Institute, and Steve Bronis (chair of the Section’s Defense Function Committee and a partner in Zuckerman Spaeder’s Miami, Florida, office). Margaret Love, chair of the committee and a member of the Section Council moderated the program, which was filmed by C-SPAN for future broadcast.
The Section sponsored four continuing legal education programs, including: “Annual Survey of Supreme Court Decisions—Criminal Cases,” “Justice for Four Little Girls: The Prosecutions of the 1963 Bombing of the 16th Street Baptist Church,” “It Takes a Village to Sound Gideon’s Trumpet: Defining the Role of the Bar in Systemic Indigent Defense Reform,” and “The ABA’s Role in Eliminating Erroneous Convictions.” For information about these matters and other Council activities, committee meetings, or the CLE programs, contact the Section staff office at (202) 662-1500 or

New Officers & Council Members
The following persons were elected as Section officers and council members at the membership business meeting in Atlanta on Sunday, August 8:
Section Chair: Hon. Catherine Anderson of Minneapolis, Minnesota
Section Chair-Elect: Michael Pasano of Miami, Florida
Vice-Chair for Planning: Robert M.A. Johnson of Anoka, Minnesota
Vice-Chair for Publication: Amie Clifford of Columbia, South Carolina
Vice-Chair for Continuing Legal Education: Anthony Joseph of Birmingham, Alabama
Vice-Chair for Governmental Affairs: Tom Foley of Minneapolis, Minnesota
Council Members for 2004-07: Hon. Ernestine Gray of New Orleans, Louisiana; James Holderman of Chicago, Illinois; Robert Litt of Washington, D.C.; Henry Valdez of Santa Fe, New Mexico; and Bruce Zagaris of Washington, D.C. Gary Walker of Marquette, Michigan, was elected to fill the remaining two years of a vacant Council position for 2004-06. Vernon Stejskal will be the Council member-at-large for 2004-05, and William Shepherd will be the Young Lawyer Council member for 2004-05. A roster of all officers, Council members, and committee chairs is listed on the last page of the magazine.

House of Delegates Action
The Criminal Justice Section submitted seven resolutions for consideration by the ABA House of Delegates at its August 9-10 meeting in Atlanta. The resolutions related to proposed federal statutes related to electronic surveillance (Report No. 111A); accreditation of crime laboratories and medical examiner offices (Report No. 111B); eyewitness identification procedures (Report No. 111C); standards of practice for defense counsel (Report No. 111D); establishment and funding of investigative procedures to ensure accuracy in criminal investigations and to prevent conviction of innocent persons (Report No. l11E); standards to be used by prosecutors to reduce the risk of convicting innocent persons (Report No. 111F); and standards on speedy trials and timely resolution of criminal cases (Report No. 111G). Reports number 111A and 111D were deferred until the February 2005 House of Delegates meeting. The other reports were approved.

Kennedy Commission Update
The ABA Justice Kennedy Commission submitted four resolutions and accompanying reports at the ABA House of Delegates meeting on August 9. The reports pertain to sentencing and incarceration; racial and ethnic bias in the criminal justice system; reduction of sentences, clemency and pardons; and safety of inmates in correctional institutions and reentry into the community. All were approved. To view copies, go to the Section’s Web site at

National Symposium on the American
Jury System

ABA President Robert Grey’s American Jury Project will sponsor a National Symposium on the American Jury System, October 15-16, 2004, in Lexington, Virginia. Criminal Justice Section Chair Catherine Anderson chairs one of the project’s subcommittees. For more information, phone Larnetta Buck in the ABA President’s office at (312) 988-5025.

Blakely Working Group Appointed
The Section has created a working group to examine the issues related to criminal sentencing arising out of the recent U.S. Supreme Court decision in Blakely v. Washington. The members include Barbara Berman, Charles Day, James Felman, Paul Friedman, Robert M.A. Johnson, Albert Krieger, Margaret Love, Deborah Rhodes, Stephen Saltzburg, and Neal Sonnett. For more information on the working group, contact Patrice McFarlane in the staff office at (202) 662-1516.

Hot Topics in Criminal Antitrust
The Criminal Antitrust Subcommittee of the Section’s White Collar Crime Committee held a program on September 14 in Washington, D.C. Four panelists addressed “Hot Topics in Criminal Antitrust.” The panelists included: Lisa Phelan (Chief, National Criminal Enforcement Section of the U.S. Department of Justice’s Antitrust Division), F. Joseph Warin (partner at Gibson, Dunn & Crutcher LLP in Washington, D.C.); Jeffrey Jacobovitz (partner at Kutak Rock LLP in Washington, D.C.), and Steve Miller (assistant general counsel at Akzo Nobel, Inc.).
For more information, contact Section Director
Tom C. Smith at (202) 662-1510.

ABA/Money Laundering Seminar
The popular ABA/ABA Money Laundering Enforcement Seminar will be held October 24-26, 2004, at the Hyatt Regency Crystal City in Arlington, Virginia. The ABA Criminal Justice Section and the American Bankers Association jointly sponsor the event. For more information on registration, call 1-800-BANKERS (226-5377.)

White Collar Crime Mock Trial Competition
On November 12-14, 2004, the Section will cosponsor with the Barrister Council of Georgetown University Law Center, the National White Collar Crime Mock Trial Invitational Competition. It will be held at the Law Center in Washington, D.C. The Section’s White Collar Crime Committee plays a large role in providing evaluators for this competition. For more information, contact Prof. Ronald C. Smith, the Section’s advisor to the Competition at (312) 987-1444.

Amicus Brief
The ABA Criminal Justice Section’s Amicus Briefs Committee cochairs are considering whether to recommend that the Section seek authorization to prepare an amicus brief that would be filed on behalf of the American Bar Association in Green v. Dretke, should the U.S. Supreme Court grant certiorari. The Texas capital case raises issues related to the use of race in closing arguments and sentencing.
In June, the ABA filed an amicus brief in the U.S. Supreme Court in Kowalski v. Tesmer. Initiated by the Criminal Justice Section, the brief argued that indigent defendants, who have pled guilty and under state law must apply for leave to appeal a conviction or sentence, are entitled to appointment of appellate counsel.

Science and the Law Proceedings Available
The U.S. Department of Justice’s National Institute of Justice has released “Science and the Law: 2001 and 2002 National Conferences,” summarizing the proceedings of the two conferences. The ABA Criminal Justice Section was a cosponsor of these conferences and Prof. Myrna Raeder, former Section chair, was one of the principal conference planners. The report is available on the Internet at Additional information is also available from the National Criminal Justice Reference Service at (800) 851-3420.

National College of District Attorneys
Board of Regents

Mary Harkenrider of Chicago, Illinois, a former Council member and a U.S. Department of Justice official in the 1990s, has been designated by the ABA Board of Governors as one of the association’s representatives on the board of regents for the National College of District Attorneys, a training institute for local prosecutors. The Criminal Justice Section recommended her for this appointment. The College is located on the campus of the University of South Carolina in Columbia, South Carolina.

Kudos to Award Winners!
Stephen Saltzburg, the Wallace and Beverley University Professor at the George Washington University Law School, received the Section’s Charles R. English Award during the ABA’s Annual Meeting in Atlanta. The award recognizes a Section member who has enhanced the relationship between prosecutors and the defense bar. Professor Saltzburg serves on the Section Executive Committee as one of the Section’s Delegates to the House of Delegates and is a contributing editor to Criminal Justice magazine. In addition, he chaired the ABA’s Justice Kennedy Commission in 2003-04.
Joshua Kagan, a May 2004 graduate of New York University School of Law, received the William W. Greenhalgh Law Student Writing Competition award. The competition is held in honor of late Georgetown law professor William Greenhalgh, a distinguished scholar of Fourth Amendment constitutional law. Kagan wrote “Challenging the ‘Special Needs’ Doctrine Due to School-Law Enforcement Entanglement,” which will be published in a future issue of Criminal Justice. He received a $2,000 prize as part of the award. For information on the 2005 competition, visit the Section’s Web site.
Craig S. Cooley, a sole practitioner and adjunct professor of law at the University of Richmond’s T.C. Williams School of Law, received the Section’s 19th Annual Livingston Hall Juvenile Justice Award at the Annual Meeting. ABA President Robert Grey presented the award, which recognizes the contributions of individuals dedicated to protecting children in the justice system. For more information on the award, contact the Section’s Juvenile Justice Center, at (202) 662-1506.

Sam Dash, Criminal Justice Section Chair in 1971, died on Saturday, May 29. He was a professor at Georgetown University Law Center and was counsel to the Senate Watergate Committee in the early 1970s.
Dennis Saylor, a former member of the Criminal Justice Section Council from the U.S. Department of Justice in the early 1990s, was confirmed by the United States Senate on June 1 to be a federal district court judge for the district of Massachusetts.
Ronald C. Smith, a law professor at The John Marshall Law School in Chicago and former Section chair, taught American criminal law to attorneys in Taiwan from July 19 to August 8. They will be coming to the United States to study for LL.M. degrees this fall.

Staff Changes
Todd Wells, the Section’s staff director for planning and development, resigned in August to pursue other opportunities.

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