Criminal Justice Section  


Criminal Justice Magazine
Winter 2005
Volume 19 Number 4


By Patrice McFarlane

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

Council Met in Washington

The 2004 Fall Council Meeting was held November 12–14, 2004, in Washington, D.C. A highlight of the meeting was the White Collar Crime Committee luncheon on Friday, November 12. Robert Bennett, a former federal prosecutor and a member of the defense bar since 1971, was the speaker at the luncheon. He has served as special counsel to the United States Senate’s Select Committee on Ethics in several major investigations and currently heads the international government enforcement group for the law firm of Skadden, Arps, Slate, Meagher & Flom in Washington, D.C. The White Collar Crime Committee also hosted a CLE entitled, “Internet Child Abuse and Pornography.” Panelists included Kenneth V. Lanning, Kathy McClure, and Stephen Komie.
Various other Section committees also met throughout the weekend. The Nominating Committee selected candidates for Section Council and officer positions to take office in August 2005. The committee chair is Section Chair-Elect, Michael Pasano. The other members are: Section Chair Catherine Anderson, Section Vice-Chair for Planning Robert Johnson, J. Vincent Aprile II of Louisville, Kentucky; Mark Decaria of Ogden, Utah; Ernestine Gray of New Orleans, Louisiana; Robert Litt of Washington, D.C.; and Michael Wims of Salt Lake City, Utah. For information on these activities as well as committee meetings and the CLE program, contact Acting Section Director Susan Hillenbrand at (202) 662–1503 or e-mail

Amicus Brief
The Criminal Justice Section Executive Committee has agreed to join the ABA Death Penalty Representation Project in requesting that the ABA authorize the filing of an amicus brief with the United States Supreme Court in Rompilla v. Beard. The case concerns reasonable investigation of mitigating and aggravating evidence in capital case sentencing. If the ABA authorizes filing a brief on behalf of the association, it will be based on the ABA policy related to the Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. For further information phone Susan Hillenbrand at (202) 662-1503.
Attorney/Client Privilege and Sentencing Guidelines for Organizations
ABA President Robert Grey has appointed two groups that draw members from the Criminal Justice Section.
The first is a working group to examine issues
arising from the portion of the new U.S. Sentencing Guidelines that would allow the government to demand waiver of certain legal privileges on the part of organizations, including the attorney-client and work product protections, in order for the organizations to be deemed to be fully cooperating with the government. The working group is composed of representatives of various ABA sections. The Criminal Justice Section has been invited to designate a representative and Section Chair Catherine Anderson has appointed James Felman (cochair of the Section’s Corrections and Sentencing Committee) as the Section representative. The working group sent a letter to all members of the Senate Judiciary Committee expressing concerns regarding the federal sentencing guidelines for organizations.
President Grey has also appointed a Task Force on Attorney/Client Privilege. Former ABA President Bill Ide chairs the task force, and Jan Handzlik, former Section Council member, has been appointed as the Criminal Justice Section liaison.
For further information on the task force, or for a copy of the letter sent to the Senate Judiciary Committee members, contact Larson Frisby in the ABA Governmental Affairs Office at (202) 662-1098.

Robert Morgenthau, U.S. attorney for the Southern District of New York, was awarded the Section’s Minister of Justice Award, given to a Section member who is an outstanding federal, state, local, or municipal prosecutor. For more information on this award and others offered by the Section, go online to and click on “awards” in the left-hand navigation bar.
Lori Levin of Chicago, Illinois, cochair of the Women in Criminal Justice Committee, has been elected to the board of directors for the National Criminal Justice Association. She is currently director of the Illinois Criminal Justice Authority.

Staff Changes
Section Director Tom C. Smith retired in November from the ABA after 24 years of service. For more information, see the article elsewhere in this issue. Susan Hillenbrand, staff director of the Criminal Justice Standards Project, will serve as interim director. She can be reached at (202) 662-1503 or by e-mail at
Juanita Woods has been hired as the Section’s staff director for planning and development—a position formerly held by Todd Wells. An ABA employee since 1993, she is familiar with ABA procedures, policies, and other staff members. During her tenure with the ABA she has been the marketing director for the ABA Section of Taxation, and is a graduate of Brown University.

Juvenile Justice Center
Through the grant-funded work of the center, juvenile justice staff recently conducted the Eighth Annual Juvenile Defender Leadership Summit in Nashville, Tennessee, attended by almost 400 juvenile defenders from across the nation. The purpose of the summit was to bring together leading juvenile defenders for an action-oriented and skill-building conference aimed at enhancing the effectiveness of representation for delinquent youth. For more information on the summit call (202) 662-1506.

Culture and Crime Symposium
The Criminal Justice Section will cosponsor a symposium on “culture and crime” with the Commission on Racial and Ethnic Diversity in the Profession and the Section of Individual Rights and Responsibilities on April 2, 2005, at the University of Florida. Topics will include: “Feminism and Multiculturalism,” “Interest Convergence Theory and the Cultural Defense,” and “The Use of ‘Deviance’ Defenses, Post 9-11 Terrorism Trials, and Ethical Issues Facing Prosecutors and Criminal Defense Attorneys.” For further program information, visit

New on the Bookshelf
The Criminal Justice Section recently published Restitution for Crime Victims: A National Strategy. Produced by the Section’s Victims Committee, this report is a practical, well-organized look at laws on restitution for victims of crime.
Also on the bookshelf is a softbound edition of the Justice Kennedy Commission Reports with Recommendations. To preview this book go to and click on the “four resolutions” link in the Kennedy Commission box.
Finally, a new volume of ABA Criminal Justice Standards is available. Collateral Sanctions and Discretionary Disqualification of Convicted Persons contains “black letter” standards approved by the ABA House of Delegates in August 2003, together with explanatory commentary.
For more information or to order any of these books, call the ABA Service Center at (800) 285-2221. For the crime victims book, refer to product code 5090098. For the Kennedy Commission report, refer to product code 5090099. And for the standards book, refer to product code 5090096.

Continuing Legal Education
The Section offered a variety of continuing legal education programs this past fall. Among the upcoming CLE is The White Collar Crime National Institute to be held March 3-5, 2005, in Las Vegas. For a complete listing of seminars, check the Section’s calendar online at

Join us in Minneapolis
The Criminal Justice Section Council and a number of Section committees will meet in Minneapolis, Minnesota, May 13 through May 15, 2005. All members are invited to attend. For additional information, contact Carol Rose at the Section office at (202) 662-1519.

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