Table of Contents - American Bar Association

The American Bar Association 

Criminal Justice Section 

Annual Report 

2009-2010 

Chair: Charles Joseph Hynes 

www.abanet.org/crimjust

The American Bar Association 


Annual Report 

2009-2010 

Chair: Charles Joseph Hynes 

www.abanet.org/crimjust 

ABA Criminal Justice Section Annual Report 2009-2010 1

Table of Contents 

I. Chair’s Introduction ……………………………………….……...… 3 

II. Policy Overview ……………………………………………………. 6 

III. Publishing and Technology ………………………………………… 10 

IV. Continuing Legal Education .......…………………………………… 12 

V. Outreach …………………………………………………………….. 16 

VI. Membership and Awards ………………………………………….… 19 

VII. Budget Report….……………………………………………………. 25 

VIII. Division/Committee Reports/Charts ………………………………… 26 

IX. Section Leadership Roster ………………………………………….. 60 

Published in July 2010 by the American Bar Association Criminal Justice Section, 

740 15 th St., NW, Washington, DC 20005. Copyright © 2010 by the American Bar Association 

The views expressed herein represent the opinions of the authors and editors, and have not been approved 

by the House of Delegates or the Board of Governors of the American Bar Association. Accordingly, 

these views should not be construed as representing the policy of the American Bar Association unless 

adopted pursuant to its Bylaws. 


I. CHAIR’S INTRODUCTION 

I began this year as chair of the ABA Criminal Justice Section with high 

hopes for progress on several fronts and I am pleased to report that my 

expectations have been exceeded due to the efforts of our tremendous 

members, committee leaders, Council and staff. I was especially pleased 

that in April in Charleston, South Carolina, the ABA Criminal Justice 

Section forged new ground in solidifying its positive working 

relationship with the nation’s prosecutors by cosponsoring the first ever 

joint conference with the National District Attorney’s Association. 

This year I am especially proud of our work in a few specific areas such as Domestic Violence, 

Reentry, Forensic Science, and Diversity. In the area of Domestic Violence we supported the 

work of the ABA LGBT Domestic Violence Task Force and the LGBT Domestic Violence Tool 

Kit. We followed this up by working with Chair Elect Bruce Green on the creation of the CJS 

LGBT Committee Chaired by Professor Ryan Scott that will focus on these and other issues of 

import to this community. 

Another area of tremendous achievement during this year has been our focus on reentry and 

collateral consequences. During the fall, the Section sponsored a National Institute at George 

Washington University entitled, “Sentencing Advocacy, Practice and Reform Institute with 

Focus on Re‐Entry.” The conference addressed a multitude of sentencing and reentry issues. 

The conference was well attended and a tremendous success and plans are underway for the 

third such National Institute. The CJS also successfully sponsored a policy resolution on 

juvenile collateral consequences that passed the ABA House of delegates. 

We also implemented two fantastic projects to track the collateral consequences of a crime for 

Juveniles and Adults in all 50 states. Both projects were grant funded, the juvenile collateral 

consequences project by the ABA Board of Governors Enterprise Grant and the Adult Collateral 

Consequences funded by the DOJ’s National Institute for Justice. 

A third area in which I take tremendous pride is the achievements we delivered in the area of 

diversity. This year the CJS developed and began to implement a Diversity Plan which includes 

specific measurable steps to increase the diversity of its membership and leadership in 

accordance with the Section’s Diversity Mission Statement. 

The CJS began two multi‐year project grants on Diversity. The Section was recently the recipient 

of a grant from the Bureau of Justice Assistance. This project will initiate a “Racial Justice Task 

Force Pilot Project” that will (1) pilot a Racial Justice Task Force (RJTF) model in four 

jurisdictions; (2) provide facilitation and informational resources to each pilot jurisdiction; (3) 

evaluate the RJTF model’s effectiveness in engaging community stakeholders; develop 

stakeholder consensus regarding the racial justice issues that exist in each jurisdiction; develop 

a work plan to address a specific racial justice issue(s) in each jurisdiction; develop a sustainable 

plan for the RJTF beyond the pilot period; and (4) develop written materials and information 


(articles, reports, tool kits, etc.) to support replication. The timeline allotted for the grant is 2.5 

years. 

The other initiative is titled “Building Community Trust: Improving Cross Cultural 

Communication in the Criminal Justice System.” This ABA Board of Governors funded 

enterprise grant project addresses concerns that are of particular importance to the legal 

profession that could be significantly impacted by the development of a cadre of committed 

individuals trained in a criminal justice‐specific cultural competency curriculum. 

On June 17‐18, 2010 at the ABA Washington Office, the Section held a training conference for 

the “Building Community Trust: Improving Cross Cultural Communication in the Criminal 

Justice System” and utilized the project’s curriculum. More than 50 individuals from 

prosecutor, judicial, defense, police, academic and bar association settings attended. The 

Section developed the Building Community Trust initiative, in partnership with the ABA Section 

of Individual Rights and Responsibilities and the ABA Council on Racial and Ethnic Justice and 

the National Judicial College. 

The fourth area of particular pride this year is in the area of Forensic Evidence. The Science 

Technology and Forensics, Judicial Function, Prosecution Function, and Defense Function 

Committees developed policy to address concerns brought out in the National Academy 

Sciences report. 

These same committees put together the agenda for the Prescriptions for Forensic Evidence 

Conference that took place on June 4 th at Fordham University in NYC. More than 175 

individuals attended including many police officers and scientists not normally seen at ABA 

events. The conference was organized to discuss the National Academy of Sciences report on 

Forensic Evidence. 

This past year our committees were extremely active. Some of the achievements include: 

The White Collar Crime committee sponsored more than 30 CLE programs. The committee 

partnered with the Sections of Business Law and International Law for the 2 nd Annual National 

Institute on Internal Corporate Investigations and In‐House Counsel, and teamed‐up with 

American Bankers Association for the Anti‐Money Laundering Conference. Counting the 

National Institute on White Collar Crime, these three programs drew a combined attendance of 

more than 2,750. 

The Juvenile Justice committee developed a policy which called for an increase in the 

opportunities of youth involved with the juvenile or criminal justice systems and to prevent the 

continuing discrimination against those who have been involved with these systems in the past 

by limiting the collateral consequences of juvenile arrests, adjudications, and convictions 

adopted by the ABA House of Delegates in February. The committee continues to work on a 

grant that will result in the first ever 50 state survey of juvenile collateral consequences, a 

website, and what we call “think about it cards” which will advise juveniles of their rights 

before taking a plea. 


The Section’s Magazine and Book Boards continue to do an outstanding job of monitoring 

emerging trends in criminal justice to ensure that our members remain informed. 

The Section’s quarterly publication Criminal Justice, once again, did an outstanding job of 

addressing a broad range of criminal justice issues including: the impact technology is having 

on the 4 th Amendment; an examination of the National Academy of Sciences report on Forensic 

Science; post‐convictions practices and representation from both the defense and prosecutor 

perspective; charging practices Migratory Bird Treaty Act by the Department of Justice; the use 

of alternatives to incarceration under the Federal Sentencing Guidelines. In addition to the 

Criminal Justice Section Newsletter, the Section office again published The State of Criminal Justice 

2010, an annual publication from authors from across the criminal justice field who provided 

essays on topics ranging from cybercrime to juvenile justice to DNA. White Collar Crime 

Committee leaders Gary Collins and David Seide published Warning the Witness: A Guide to 

Internal Investigations and the Attorney‐Client Privilege (ABA 2010), drawing on the work of the 

Upjohn Warnings Task Force and the assistance of dozens of other lawyers in the Criminal 

Justice Section. The online publications – such as the monthly Section E‐News and various 

committee newsletters – continue to serve as great resources to members and the general public. 

As is evidenced above, our criminal justice system has benefited as a whole by the outstanding 

efforts and achievements by the members of our Section, and the support and hard work of the 

staff. I am blessed and will be eternally grateful to the Section for giving me this opportunity to 

serve. 


II. POLICY OVERVIEW 

II. POLICY OVERVIEW 

POLICY GOING BEFORE THE ABA HOUSE OF DELEGATES IN AUGUST 2010 

100A (Department of Justice Office of Professional Responsibility) Urges the United States 

Department of Justice (“the Department”) to investigate allegations of professional misconduct 

on the part of the Department’s lawyers and to release detailed information regarding 

completed investigations consistent with privacy interests and law enforcement confidentiality 

concerns. 

100B (Attorney Error v. Attorney Misconduct) Urges trial and appellate courts when reviewing 

the conduct of prosecutors to differentiate between “error” and “prosecutorial misconduct.” 

100C (Funding for Indigent Defendant Immigration Advice) Urges federal, state, territorial, 

tribal and local governments to provide funding to state and federal public defender offices and 

or other criminal defense legal aid programs specifically for the provision of advice concerning 

immigration consequences in criminal cases for indigent non‐U.S. citizen defendants. 

100D (National Academy of Sciences Report on Forensic Science – Research) Urges federal, 

state, local and territorial governments to provide sufficient funding and resources necessary to 

facilitate basic and applied scientific research to improve and/or further develop forensic 

science disciplines. 

100E (National Academy of Sciences Report on Forensic Science – Laboratory Improvement) 

Urges the federal government to provide funding and resources sufficient to facilitate the 

examination of existing standards, accreditation and certification for government and private 

laboratories, examiners/analysts in government and private laboratories, and identified forensic 

science service providers who offer examination conclusions and/or interpretations of forensic 

laboratory results. 

100F (National Academy of Sciences Report on Forensic Science – Homeland Security) Urges 

the federal government to provide the funds, resources and other support necessary to 

effectively integrate the forensic science community into the nation’s system of homeland 

security. 

100G (National Academy of Sciences Report on Forensic Science – Death Investigation) 

Urges federal, state, and territorial governments to provide funding and enact legislation 

necessary to support requiring that all offices charged with conducting medico‐legal death 

investigations meet mandatory accreditation, certification or professional practice standards 

within a reasonable time frame. 

100H ((National Academy of Sciences Report on Forensic Science – NIBIN AFIS) Urges 

Congress to enact legislation and authorize and appropriate funds necessary to achieve 

nationwide interoperability of the Automated Fingerprint Identification System. 


100I (National Academy of Sciences Report on Forensic Science – Access to Evidence) Urges 

federal, state, local and territorial governments, legislative bodies and courts to provide the 

funds and other resources necessary to assure that in criminal cases an accused: 1) is able to 

obtain testing or re‐testing of evidence, and 2) is provided expert testimonial or other assistance 

when necessary to assure a fair trial or sentencing proceeding. 

For full versions of these recommendations, see the Policy page on the Criminal Justice Section at 

www.abanet.org/crimjust/policy 

POLICY APPROVED BY THE ABA HOUSE OF DELEGATES IN FEBRUARY 2010 

The ABA Criminal Justice Section sponsored, or cosponsored with various other entities, the 

following recommendations submitted to the House of Delegates for consideration at the 2010 

Midyear Meeting in Orlando. All recommendations were approved as official ABA policy. 

Criminal Justice Section Sponsored 

REPORT 102A (Collateral Consequences for Juveniles) 

RESOLVED, That the American Bar Association urges federal, state, territorial and local 

governments to increase the opportunities of youth involved with the juvenile or criminal 

justice systems and to prevent the continuing discrimination against those who have been 

involved with these systems in the past by limiting the collateral consequences of juvenile 

arrests, adjudications, and convictions. 

The entire resolution is available at 

http://www.abanet.org/crimjust/policy/midyear2010/102a.pdf 

REPORT 102B (Standardized Miranda Warnings for Juveniles) 

RESOLVED, That the American Bar Association urges all federal, state, territorial and local 

legislative bodies and governmental agencies to support the development of simplified Miranda 

warning language for use with juvenile arrestees. 


http://www.abanet.org/crimjust/policy/midyear2010/102b.pdf 

REPORT 102C (Misdemeanor Prosecutions) 

RESOLVED, That the American Bar Association urges local, state, territorial and federal 

governments to undertake a comprehensive review of the misdemeanor provisions of their 

criminal laws, and, where appropriate, to allow the imposition of civil fines or nonmonetary 

civil remedies instead of criminal penalties, including fines and incarceration. 


http://www.abanet.org/crimjust/policy/midyear2010/102c.pdf 

REPORT 102D (Judicial Role in Avoiding Wrongful Convictions) 

RESOLVED, That the American Bar Association urges policy making bodies of federal, state, 

local and territorial courts to adopt, a procedure whereby a criminal trial court shall conduct at 

a reasonable time prior to a criminal trial, a conference with the parties to ensure that they are 


fully aware of their respective disclosure obligations under applicable discovery rules, statutes, 

ethical standards and the federal and state constitutions and to offer the court’s assistance in 

resolving disputes over disclosure obligations. 


http://www.abanet.org/crimjust/policy/midyear2010/102d.pdf 

REPORT 102E (Impact of Incarceration on Mother/Child Relationship) 

RESOLVED, That the American Bar Association urges federal, state, territorial, and local 

governments to ensure that judicial, administrative, legislative, and executive authorities 

expand, as appropriate in light of security and safety concerns, initiatives that facilitate contact 

and communication between parents in correctional custody and their children in the free 

community. 


http://www.abanet.org/crimjust/policy/midyear2010/102e.pdf. 

REPORT 102F (Need for Legal Services for Prisoners on Family Law Issues) 

RESOLVED, That the American Bar Association urges bars, bar associations, and law schools to 

consider and expand, as appropriate, initiatives that assist criminal defendants and prisoners in 

avoiding undue consequences of arrest and conviction on their custodial and parental rights. 


http://www.abanet.org/crimjust/policy/midyear2010/102f.pdf. 

REPORT 102G (Lawyers and Politics) 

RESOLVED, That the American Bar Association urges the President and the Attorney General 

to assure that lawyers in the Department of Justice do not make decisions concerning 

investigations or proceedings based upon partisan political interests and do not perceive that 

they will be rewarded for, or punished for not, making a decision based upon partisan political 

interests. The entire resolution is available at 

http://www.abanet.org/crimjust/policy/midyear2010/102g.pdf. 

REPORT 102I (Prisoner Standards) 

RESOLVED, That the American Bar Association adopts the black letter of the ABA Criminal 

Justice Standards on the Treatment of Prisoners dated February 2010 to supplant the ABA Criminal 

Justice Standards on the Legal Status of Prisoners; and that Standards 7‐10.2 and Standards 7‐10.5 

through 7‐10.9 of the ABA Criminal Justice Mental Health Standards are supplanted by Standard 

23‐6.15 of the Standards on the Treatment of Prisoners. 


http://www.abanet.org/crimjust/policy/midyear2010/102i.pdf. 

REPORT 102J (John R. Justice Prosecutors and Defenders Incentive Act of 2008) 

RESOLVED, That the American Bar Association urges Congress to ensure that funding for the 

John R. Justice Prosecutors and Defenders Incentive Act of 2008 (Section 951 of PL 110‐315) is 

expanded beyond its original authorization of $25 million to cover the actual national need; and 

that the American Bar Association urges Congress to lift the proposed expiration of the John R. 

Justice Prosecutors and Defenders Incentive Act of 2008. 


http://www.abanet.org/crimjust/policy/midyear2010/102j.pdf. 


Cosponsored by the Criminal Justice Section 

REPORT 104 (Vienna Convention Protections for Foreign Nationals) The Section cosponsored 

a resolution brought the Litigation Section which urges the United States, state and 

territorial governments to work to ensure that the fundamental protections of Article 36 to the 

Vienna Convention on Consular Relations (“Article 36”) are extended fully and without 

obstacle to foreign nationals within United States borders. 

REPORT 105A (Community‐Based Services for Veterans) The Section co‐sponsored a 

resolution brought by the Commission on Homelessness and Poverty which supports the 

development of comprehensive, systemic approaches to address the special needs of veterans 

through programs that connect veterans to appropriate housing, treatment and services 

through partnerships with the local Veterans Administration Medical Centers, communitybased 

services and housing providers. 

REPORT 105B (Increased Funding for Runaway and Homeless Youth Act) The Section cosponsored 

a resolution brought by the Commission on Homelessness and Poverty which urges 

Congress to increase funding for programs under the Runaway and Homeless Youth Act and 

other laws in order to more effectively intervene and end homelessness for youth, ages 12 

through 24. 

REPORT 115 (Reauthorization of Violence Against Women Act) The Section co‐sponsored a 

resolution brought by the Commission on Domestic Violence which urges Congress to 

reauthorize and fully fund the Violence Against Women Act and similar legislation that 

promotes access to justice and safety for victims of domestic violence, dating violence, sexual 

assault, and stalking within the United States. 

For a summary of additional policy issues the Section of Criminal Justice is developing, visit the Section’s 

policy page at www.abanet.org/crimjust/policy 


III. PUBLISHING AND TECHNOLOGY 

The Criminal Justice Section’s publications continue to do an outstanding job of monitoring 

emerging trends in criminal justice to ensure that our members remain informed. 

The Section’s quarterly publication Criminal Justice, once again, did an outstanding job of 

addressing a broad range of criminal justice issues including: the impact technology is having 

on the 4 th Amendment; an examination of the National Academy of Sciences report on Forensic 

Science; post‐convictions practices and representation from both the defense and prosecutor 

perspective; charging practices Migratory Bird Treaty Act by the Department of Justice; the use 

of alternatives to incarceration under the Federal Sentencing Guidelines. [See also Criminal 

Justice Magazine Editorial Board report on page 41.] 

In addition to the Criminal Justice Section Newsletter, the Section office again published The State 

of Criminal Justice 2010 (edited by Myrna Raeder), an annual publication from authors from 

across the criminal justice field who provided essays on topics ranging from cybercrime to 

juvenile justice to DNA. The Section office also published Careers in Criminal Law, edited by 

Ellen Brotman. 

White Collar Crime Committee leaders Gary Collins and David Seide published Warning the 

Witness: A Guide to Internal Investigations and the Attorney‐Client Privilege (ABA 2010), drawing on 

the work of the Upjohn Warnings Task Force and the assistance of dozens of other lawyers in 

the Criminal Justice Section. Additional books published during 2009‐2010 include the Spanish 

version of the Citizenship Flow Chart Poster (Bob McWhirter) and The Fourth Amendment 

Handbook, 3rd Edition. 

[For additional report on book publishing activities, see the Book Board report on page 40.] 

The online publications – such as the monthly Section E‐News and various committee 

newsletters – continue to serve as great resources to members and the general public. 

Practice Under the Federal Sentencing Guidelines, Fifth Edition 

Practice Under the Federal Sentencing Guidelines provides extensive discussion and 

current citations of the hundreds of important cases interpreting the provisions. The 

volume is published through Aspen Publishers. 

For details and ordering information of CJS books and periodicals, see the Section’s website at 

www.abanet.org/crimjust/pubs. 


TECHNOLOGY 

Section E‐News (Online) 

Criminal Justice Section E‐News has been distributed monthly (since January 2006) to CJS 

members via email with highlights of CJS activities, chair’s messages, event notices, case 

updates and new resources. 

Committee Newsletters (Online) 

The CJS committees that produce regular committee newsletters are the White Collar Crime, 

Juvenile Justice, Prosecution Function, and the Reentry and Collateral Consequences 

Committees. 

The Section Web Site 

The Criminal Justice Section’s web site (www.abanet.org/crimjust) features major portals 

(membership, law students, policy, publications, resources, etc.) and has undergone a major 

design change. Committee pages have been expanded with more committee‐specific news 

items and resources. 

E‐mail List Services 

The Section office maintains several list services to serve CJS members, committees and the 

leadership. Also, the CJS office periodically distributes timely information on events and 

programs, Supreme Court case updates and new resources to all CJS members who have not 

opted out of the ABA’s email distribution system. The Council and committee chairs also 

participate in respective list services for Section business. In addition, all CJS committees 

maintain specific list service for particular committee work and discussion. 


IV. CONTINUING LEGAL EDUCATION (CLE) 

The Section continues to hold it’s own with CLE offerings. Our national institutes programs 

saw registrations grow. We did not offer a program at the Charleston Spring Meeting, choosing 

instead to produce a Prescriptions for Criminal Justice Forensics which was held in NY on June 4. 

This was a collaboration of several of the section’s committees (Science & Technology, 

Innocence, Prosecution and Defense Function). The Jacob Stein Ethics Center at Fordham 

University was a cosponsor and we had over 175 attendees for this first effort. We’re tentatively 

planning to repeat it next year. 

The Section’s submission for “late‐breaking” showcase CLE was selected to be included at this 

year’s annual meeting. “The Vanishing Line Between Criminal And Civil Securities Fraud: SEC 

v. Goldman Sachs and Other Recent Securities Fraud Actions” will be held on Sunday, August 8 

at 10”30 a.m. at the Moscone Center West. 

We are currently soliciting ideas for the joint Litigation/Criminal Justice Spring 2011 meeting in 

Miami. We are looking for programs that would appeal to both criminal attorneys and 

litigators, from public defenders and prosecutors to white collar practitioners. 

List of CLE Programs presented as of August 2010 

September 

17 Foreign Evidence: Collecting It and Protecting It Foreign Evidence: Collecting It 

and Protecting It, Washington, DC 

24 The Foreign Corrupt Practices Act: Current SEC and DOJ Enforcement 

Initiatives (Teleconference) 

October 

9 Criminal Enforcement of Intellectual Property Rights, Washington, DC 

11‐13 ABA/ABA Money Laundering Enforcement Conference, Washington, DC 

15‐16 National Institute on Securities Fraud, Washington, DC 

15 Cybercrime, Data Breaches and Red Flags: The Next Wave, Philadelphia, PA 

27 “The Informant!”: A Panel Discussion, Chicago, IL 

29 Watching the Watchdog: A Review of SIGTARP’s First Year and Beyond, New 

York, NY 

November 

6 Second Annual Sentencing Advocacy, Practice and Reform Institute with Special 

Focus on Reentry (Fall Meeting) 


Second Annual Sentencing Advocacy, Practice and Reform Institute 

with Special Focus on Reentry (Fall Meeting) 

December 

3 Watching the Watchdog: A Review of SIGTARPʹs First Year and Beyond, New York, 

NY 

3 Under the Microscope: Increased Fraud Enforcement in the Medical Device Industry, 

Philadelphia, PA 

January 2010 

13 Enforcement Trends in Securities & Commodities Actions 2010, Washington, D.C. 

On Jan. 14, 2010 in Birmingham, Alabama, over 100 participants attended the “Negotiation for Criminal Justice 

Practitioners,” sponsored by the Alabama Center For Dispute Resolution, the Alabama State Bar and funded by a 

grant from the ABA Enterprise Fund with technical support from the ABA Criminal Justice Section. 

February 

5 Prosecuting and Defending Immigration‐Based Criminal Offenses: What Prosecutors 

and Defense Attorneys Should Know, Orlando, FL (Midyear Meeting) 

11 Securities Enforcement and Litigation: 2009 Recap and 2010 Predictions , Chicago, IL 

17 Emerging Issues Within Florida White Collar Criminal Practice (teleconference) 


March 

24‐26 24 th Annual National Institute on White Collar Crime, Miami, Fl 

April 

7 What Every In‐House Counsel and The Law Firms Who Represent Them Need to 

Know About E‐Discovery, New York City 

14 Internal Investigations: New Developments, Perils and Pitfalls, Los Angeles, CA 

15 How To Survive a Criminal Tax Investigation, Pittsburgh, PA. 

29 The Intersection of Criminal & Immigration Laws: Padilla v. Kentucky 

(teleconference) 

May 

5‐7 2nd Annual National Institute on Internal Corporate Investigations and In‐House 

Counsel, Washington, D.C. 

Tamika Langley Tremaglio, Huron Consulting Group; Edward J. Westerman, LECG Consulting Services; Shawn M. 

Wright, Blank Rome LLP; Meredith S. Auten, Morgan, Lewis & Bockius LLP; and Robert M. Stephenson, Locke Lord 

Bissell & Liddell LLP participated in the “Nuts & Bolts: How to Conduct an Effective Ethical Internal Investigation” at 

CJS-sponsored Second Annual National Institute on Internal Corporate Investigations and Forum for In-House 

Counsel on May 5-7 in Washington, D.C. 

12‐14 20 th Annual National Institute on Healthcare Fraud, Miami, Fl 

20 Self‐Preservation or Self‐Immolation: Self Disclosure to DOJ, HHS and other 

Government Agencies, Philadelphia, PA 

June 

2‐4 National Institute on Civil False Claims Act & Qui Tam Enforcement, Washington, D.C. 

4 Prescription for Criminal Justice Forensics, New York, NY 

10 Changing the Healthcare Compliance Playing Field: The Responsible Corporate Officer 

Doctrine and Its Impact on Internal Investigations, Chicago, IL 

10 Recent Trends in White Collar Prosecutions, Newark, NJ 

August (Annual Meeting) 

6 Plain View, Yet Out of Sight: The Ninth Circuit Ruling on Electronic Evidence in U.S. v. 

Comprehensive Drug Testing, Inc., San Francisco, CA 

Annual Review of Supreme Court Decisions – Criminal Cases, San Francisco, CA 


The Shift in Focus to Individuals in FCPA Prosecutions, San Francisco, CA 

7 Putting Power Behind Your Words, San Francisco, CA 

Hot Ethics Issues for the Young Trial Lawyers (and the Young at Heart), San Francisco, 

CA 

8 The Vanishing Line Between Criminal And Civil Securities Fraud: SEC v. Goldman 

Sachs And Other Recent Securities Fraud Actions, San Francisco, CA (Showcase 

Program) 

CJS Council member Matt Redle poses with Joseph Bono, president of the American Academy of Forensic Sciences. 

Mr. Bono was the keynote luncheon speaker at the “Prescriptions for Criminal Justice Forensics” conference at 

Fordham University School of Law on June 4 in New York City. 


V. OUTREACH 

REPORT ON STRATEGIC COMMUNICATION 

The scope of the Section’s Outreach efforts falls into three distinct areas: keeping membership 

updated on all the latest Section‐wide and criminal law developments; informing other ABA 

entities about CJS programs, policies and various endeavors for possible co‐sponsorships; and 

ensuring that all outside criminal law‐related organizations and the general public are aware of 

and have input in policies in development and projects the Section is undertaking so as to have 

a balanced voice and perspective. 

Updating Membership on All Section Activities and Relevant Criminal Justice Information: 

Expanded and improved the Section Newsletter. 

 

Sent out monthly E‐News with chair’s message, which features list of programs and 

activities for the month. 

 

Distributed news articles of interest to pertinent committees, as well as produced and 

posted the cumulative “News Round‐up” on the Section website. 

 

Released Supreme Court case summaries to members as soon as they are issued by the 

court. 

 

Encouraged Section committees to get more active in policy development. Sponsored 

trainings for new committee chairs in policy development and aggressively encouraged 

policy development by committees. Several committees have been active in this regard 

including: Legislative; Immigration; Ethics, Professionalism and Gideon; Sentencing; 

Victims; Corrections; Juvenile Justice; Women in Criminal Justice; Prosecution Function; 

Defense Function; Judicial Function; and the Standards Committee. 

 

Implemented a system for committee chairs to comment on criminal law policies to be 

presented at Section Council meetings, ensuring that all related entities have a voice in the 

early stages of policy development. 

 

Audio recorded keynote speeches, Fall and Midyear Meeting panels, and Section‐sponsored 

CLE programs for distribution to pertinent committee list serves and posting on the Section 

website. 


Working With Other ABA Entities: 

 

Cosponsored with the Sections of Business Law and International Law and the Center for 

CLE on the 2 nd Annual National Institute on Internal Corporate Investigations and In‐ 

House Counsel; collaborated with the Section of International Law for the Foreign Corrupt 

Practices Act Conference; and worked with the Section of Intellectual Property Law on the 

Criminal Enforcement of Intellectual Property Rights Conference, amongst numerous others. 

 

Implemented a system for ABA entity staff directors and their leadership to cosponsor 

criminal law policies going before the House of Delegates, ensuring that the Section 

achieves optimum sponsorship. The following ABA entities cosponsored CJS policies 

submitted to the House of Delegates: Section of Dispute Resolution; Section of Individual 

Rights and Responsibilities; Section of International Law; Section of Litigation; Section of 

State and Local Government Law; Section of Tort Trial and Insurance Practice; Commission 

on Domestic Violence; Commission on Immigration; Commission on Youth at Risk; 

Government and Public Sector Lawyers Division; Young Lawyers Division; Standing 

Committee on Legal Aid and Indigent Defendants; and the Center for Ethnic and Racial 

Diversity. 

 

Participated in three ABA Enterprise Fund grant projects with other ABA entities that will 

play a major role in advancing and expanding the field of criminal law: Mediation in 

Criminal Matters (Section of Dispute Resolution, Section of State and Local Government 

Law, Standing Committee on Legal Aid and Indigent Defense, Government and Public 

Sector Lawyers Division, Commission on Domestic Violence, Commission on Effective 

Criminal Sanctions, and the Judicial Division); Improving Cross‐Cultural Communication in 

the Criminal Justice System (Section of Individual Rights and Responsibilities, and the 

Council on Racial and Ethnic Justice); and Juvenile Collateral Consequences (Section of 

Individual Rights and Responsibilities, Section of Legal Education Admissions to the Bar, 

Section of Labor and Employment Law, Standing Committee on Legal Aid and Indigent 

Defendants, Commission on Youth at Risk). 

Ensuring that Outside Organizations and the Public Are Included in the Discussion: 

 

 

Our Spring Meeting (April 8-11 in Charleston, S.C.) was held in conjunction with the 

National District Attorneys Association. Several of the Committees – including Ethics, Reentry 

& Collateral Consequences; Science and Technology and Victims – held joint meetings 

with their counterparts from NDAA. 

The Section co‐sponsored “Judgment Day: The Supreme Court Rules On Honest Services 

Fraud – Understanding the Outcome and Its Ramifications” with the National Association of 

Criminal Defense Lawyers. 


The Section’s White Collar Crime Committee presented “Meet The Democratic Candidates 

for New York State Attorney General” with the New York Council of Defense Lawyers. 

Established the Section Fall and Spring Meetings as a gathering place for the criminal justice 

field to focus on issues of high importance to the field and obtained cosponsors from outside 

the ABA. The Fall Conference on Sentencing Advocacy, Practice, and Reform Institute in 

Washington, DC, had 14 outside‐the‐ABA cosponsors (NACDL, NAAG, NDAA, the 

National Legal Aid and Defender Association, Families Against Mandatory Minimums, The 

United States Sentencing Commission, The Sentencing Project, National Center for Victims 

of Crime, National Crime Victim Law Institute, Federal Public and Community Defenders, 

Prisoner Reentry Institute at John Jay College of Criminal Justice, American Probation and 

Parole Association, Center for Court Innovation, American Correctional Association, and 

the Corporation for Supportive Housing). 

Continued the policy outreach implementation plan to State and local Bars. This plan also 

keep the Bars and United States Attorneys, Public Defenders, Prosecutors, Criminal Justice 

schools, and other criminal law‐related entities alerted to the policy work of the section via 

Policy Bulletins ‐‐ which are sent quarterly and reach over 550 key individuals involved in 

criminal justice. 

 

Mailed The State of Criminal Justice 2010 to all State and local Bar criminal justice committee 

chairs, to national criminal justice groups, as well as Section members and individuals 

outside the Section such as professors at colleges of criminal justice. 

Frank C. Razzano, Stephen J. Obie, Adam G. Safwat, Cheryl Evans, Laura Joseph, and Thomas O. Gorman took 

part in “Enforcement Trends in Securities & Commodities Actions 2010” on Jan. 13, 2010 at the Law Office of Pepper 

Hamilton LLP in Washington, D.C. 


Membership Activity 

VII. MEMBERSHIP AND AWARDS 

• Lawyer Membership 

Lawyer Section memberships totaled 10,000 in June 2010, fewer memberships than this time 

last year. Overall CJS lawyer memberships are down 5.4% over last year. 

Cumulative adds for the year are 2,691, which is ‐98, or ‐5%, lower than last year 

(36.5% Section‐only, 13.1% ABA+Section, and 50.3% Law Student Transfers). 

Cumulative cancels for the year are 4,187, which is 1,234, or 41.8%, more than last year 

(25.3% Section‐only and 74.7% ABA+Section). The change is due to the February drop 

for non‐payment of dues. 

• Associate Membership 

Associate Section memberships totaled 228 in May 2010 or 13 fewer memberships than this 

time last year. Overall CJS associate memberships are down 5.4% over last year. 

• Law Student Membership 

Law student Section memberships totaled 9,617 in May 2010 or 650 fewer memberships than 

this time last year. Overall CJS law student memberships are down 6.3% over last year. 

• February Drop for Non‐Payment of Dues 

In February 2010 the ABA Membership and Marketing Division dropped all members 

(lawyer, associate and student) that had not paid their ABA dues for the FY2010 year. This 

is the second of two drops the Division conducts every year, the first occurring in September 

2009. All members dropped for non‐payment of ABA dues are automatically dropped from 

Section membership. Overall, ABA lawyer Section memberships are down year‐over‐year 

by 7%. ABA lawyer members are down 4%, while ABA lawyers in a Section are down 5.7%. 

The February drop for non‐payment has had a dramatic impact on Section memberships, 

most of which can be attributed to the economic recession. The Criminal Justice Section 

incurred 2,033 ABA+Section drops and 321 Section‐only drops in February. 

Year‐End Member Count (1999 – 2009) 

Year Membership 

1999‐00 7,159 

2000‐01 7,115 

2001‐02 6,997 

2002‐03 6,692 

2003‐04 6,674 

2004‐05 6,777 

2005‐06 7,420 

2006‐07 8,076 

2007‐08 10,448 

2008‐09 11,355 

Dues 

• ABA Membership & Marketing Division Campaign 


The Criminal Justice Section is participating in the ABA MMD offer of free Section 

membership to non‐Section new ABA members for FY2011. The promotions to new ABA 

members will run through March 2011, with a limit of one free Section per member. This 

audience includes new bar admittees, new lawyer members, and new members who join at 

the new dues rate for solo practitioners, government lawyers, legal service lawyers, and 

judges. This membership campaign enables the ABA to increase new ABA member Section 

participation to show more value from early in the membersʹ ABA experience. As with 

FY2009 and FY2010, MMD hopes to have 100% Section participation for FY2011. 

Recruitment 

• Associate members 

Mailed recruiting package to over 400 Chief Probation Officers, Deputy Chief Probation 

Officers and Supervisory Probation Officers around the country. 

• Group membership 

Collaborating with the ABA Membership & Marketing Division to develop and execute a 

group recruitment project for large legal organizations, e.g., NDAA, NAAG, NACDL and 

NLADA. 

• Exhibited Section membership materials at the following conferences: 

ABA‐ABA Money Laundering Conference (October 2009) 

CJS Fall CLE – Sentencing Advocacy, Practice and Reform Institute (November 2009) 

CJS Panel Discussion on Transitioning in the Law, University of Maryland School of Law 

(January 2010) 

ABA Midyear Meeting (February 2010) 

ABA Section Officers Conference Roadshow, Barry University Law School (February 

2010) 

ABA Law Student Division 9 th Circuit Meeting, Chapman University School of Law 

(February 2010) 

White Collar Crime National Institute (February 2010) 

ABA Division for Bar Services Taste of ABA (March 2010) 

37 th National Conference on Juvenile Justice (March 2010) 

CJS Spring Meeting (April 2010) 

Health Care Fraud National Institute (May 2010) 

Civil False Claims Act & Enforcement Conference (June 2010) 

Prescriptions for Criminal Justice Forensics Conference (June 2010) 

Federal Sentencing Guidelines Annual National Seminar (June 2010) 

• Sent recruiting letters to minority bar associations, prosecutors and public defenders, 

forensic accountants, and criminal justice colleges. 

• Sent recruiting letters and emails to ABA members not in CJS with an area of concentration 

in academics, children’s/juvenile law, criminal justice prosecution and defense, death 

penalty, domestic violence, evidence, fraud, minorities and white collar crime. 

Retention 

• Monthly personalized welcome letter sent to new members. 

• Email sent to law student members informing them current issues of Section periodicals are 

available online. 

• Thanks for joining letter sent to all members that joined June 2009‐January 2010. 


Law Students 

• Panel Discussion on Transitioning in the Law 

On January 28, 2010 the Section held a panel discussion on Transitioning in the Law at the 

University of Maryland School of Law. The panel, along with other invited guests, served 

as a resource for law students transitioning to legal careers and attorneys transitioning 

within the legal community. The discussion highlighted the value of becoming active in the 

bar and provided real world examples of how professional associations can assist law 

students and young lawyers in their legal careers and enhance their opportunities now and 

in the future. A networking reception followed the panel discussion. Dean Phoebe Haddon 

gave opening remarks, and the discussion was moderated by Section Council member 

Stephen Saltzburg. 

Panelists included Erek Barron, Attorney, Kemut & Hunt, PLLC (ABA‐CJS Member); 

Dolores Dorsainvil, Senior Staff Attorney, D.C. Office of Bar Counsel; Harry Johnson, 

Partner, Whiteford, Taylor & Preston LLP (former president of the Maryland State Bar); 

Sherri Keene, Assistant Professor, University of Maryland School of Law; Suzette Malveaux, 

Associate Professor, Catholic University Columbus School of Law; Karl Racine, Managing 

Partner, Venable LLP; and Benjamin Wilson, Partner, Beveridge & Diamond P.C. 

Program cosponsors were Monumental City Bar Association, Maryland Legal Aid Bureau 

Equal Justice Associates, Maryland State Bar Association Membership Committee, and 

Maryland State Bar Association Young Lawyers Membership and Disaster & Relief 

Committees. 

• Panel Discussions on Fields Within Criminal Justice 

The Section held two panel discussions, entitled Fields Within Criminal Justice, during the 

Spring meeting in Charleston. One panel, at University of South Carolina School of Law on 

April 8, included Wayne McKenzie, Vera Institute & Brooklyn District Attorney’s Office; 

Amie Clifford, South Carolina Commission on Prosecution Coordination; Douglas Strickler, 

Richland County (SC) Chief Public Defender; Judge Ernest (Chip) Finney, The Finney Law 

Firm; and Kevin McDonald, Acting U.S. Attorney for South Carolina. 

The panel held on April 9 at Charleston School of Law included Prof. Bruce Green, Fordham 

University School of Law; Wayne McKenzie, Vera Institute & Brooklyn District Attorney’s 

Office; Cynthia Hujar Orr, Goldstein Goldstein & Hilley; and William Shepherd, Statewide 

Prosecutor for Florida. 

Both panels were moderated by Prof. Stephen Saltzburg, George Washington University 

School of Law, and were followed by a networking reception. 

Awards 

• William W. Greenhalgh Writing Competition 

Jason Miller received the award at the CJS Fall Council Meeting on Saturday, November 7, 

2009 in Washington, DC. Mr. Miller graduated magna cum laude from the University of 

Michigan Law School in May 2009 where he was the Managing Editor of the Michigan 

Telecommunications & Technology Law Review. His interest in criminal law predated law 

school, but was amplified by spending his 1L summer interning with the U.S. Attorney’s 


Office for the District of Montana, participating in the Michigan Criminal Appellate Clinic, 

and working for a Texas‐based federal criminal defense firm during law school. Presently, 

he is a law clerk for the Honorable Deborah Cook of the United States Court of Appeals for 

the Sixth Circuit. Mr. Miller’s winning entry, When Is a Parent’s Authority Apparent 

Reconsidering Third‐Party Consent Searches of an Adult Child’s Private Bedroom and 

Property, has been recommended for publishing in Criminal Justice Magazine. 

• Frank Carrington Crime Victim Attorney Award 

The Frank Carrington Crime Victim Attorney Award was presented to longtime victims 

advocate attorney Jay C. Howell. For nearly three decades, Mr. Howell has worked to 

advance the plight of crime victims both by shaping policy at the local, state and national 

levels and by advocating for victims in trial and appellate courts in Florida and across the 

country. 

In 1981 Mr. Howell served as Chief Counsel to the U.S. Senate Subcommittee on 

Investigations and Oversight, where he conducted Senate investigations and drafted Federal 

legislation addressing the issues of missing children, child kidnapping, child pornography, 

and the investigation and apprehension of serial murderers. He provided the blueprint to 

the Department of Justice for a new National Center for Missing and Exploited Children, 

and was deployed to the Justice Department to develop and implement the Center, serving 

as its Executive Director from 1984 until 1987. He has authored provisions in Florida 

statutes that protect the identity of child abuse and sexual crime victims, require that 

children be questioned with age‐appropriate language, allow crime victims to testify at 

sentencing hearings, provide for public notification of sexual predators and provide 

standing for crime victims to assert their rights in court. 

Mr. Howell currently maintains a civil practice in Jacksonville, Florida specializing in 

representing crime victims in civil cases. He devotes a substantial portion of his practice to 

pro bono assistance to crime victims. He also provides annual training seminars for 

Florida’s Attorney General on the Legal Rights of Child Abuse Victims and the Legal Rights 

of Crime Victims, as well as technical support to non‐profits and government agencies in 

victims’ rights law. 

• Norm Maleng Minister of Justice Award 

Barbara LaWall was presented the Norm Maleng Minister of Justice Award at the Section’s 

Spring Meeting in Charleston, SC. As Pima County (Arizona) Attorney, tough prosecution, 

holding criminals accountable, crime prevention, providing quality victim services and 

running a cost‐effective office have been her top priorities. Her office works to target 

serious, dangerous and chronically repetitive offenders for maximum prosecution. In 

addition to having the highest trial rate of any Arizona prosecutor’s office, her office has 

increased the percentage of violent offenders taken to trial from 24% to 59%, a rate 

unsurpassed by other Arizona prosecutors’ offices. 

Ms. LaWall is a nationally recognized expert on juvenile justice, domestic violence, child 

abuse, and parental kidnapping issues, and has established innovative crime prevention 

programs, drug prevention initiatives, and education programs. She has led the state in 

creating and implementing innovative programs to protect children, such as the Safe Baby 


Program, which allows a woman or girl to anonymously hand over a newborn baby to 

authorized healthcare personnel and not be prosecuted for child abandonment, and the 

AMBER Missing Child Alert. She developed and created an innovative Community 

Prosecution Unit that assists landlords with criminal evictions, runs a nationally studied 

and recognized truancy enforcement program, operates School Multi‐Agency Response 

teams at each local school district and has established numerous neighborhood Community 

Justice Boards that deal with non‐violent juvenile offenders in a non‐court setting. 

• Charles R. English Award 

Irwin Schwartz is this year’s Charles R. English Award recipient. He will accept the award at 

the Section’s Fall Meeting in Washington, DC in November. Mr. Schwartz is a litigator 

concentrating in the representation of companies and persons in federal criminal and related 

civil matters. Before entering private practice, Mr. Schwartz was both a federal prosecutor 

and the Federal Public Defender in the Western District of Washington (Seattle). 

Mr. Schwartz has represented a diverse group of clients faced with allegations of antitrust 

violations, tax offenses, government program fraud, bank fraud, money laundering, Export 

Control Act violations, and environmental crimes. His work includes representing 

witnesses before federal grand juries, trial and appellate litigation. He has also assisted 

clients with in‐house compliance programs and in conducting internal investigations. 

Although based in Seattle, Mr. Schwartz has appeared in United States District Courts from 

coast to coast and from border to border. Clients range from Fortune 100 companies to small 

businesses, and their officers and employees. 

Mr. Schwartz is active in Bar Association matters and has served on governing boards of the 

National Association of Criminal Defense Lawyers, the American Bar Associationʹs Criminal 

Justice Council, including a three‐year chairmanship of the Section’s Standards Committee, 

and the Washington Association of Criminal Defense Lawyers (WACDL). He is a past 

president of the Federal Bar Association of the Western District of Washington and the 

National Association of Criminal Defense Lawyers. 

• Livingston Hall Juvenile Justice Award 

The Livingston Hall Juvenile Justice Award will be presented to Marsha Levick during the 

ABA Annual meeting in San Francisco in August. Ms. Levick co‐founded the Juvenile Law 

Center in 1975 and served as its first executive director until 1982. In her 30 year legal career, 

Levick has been an advocate for juvenile and womenʹs rights and is a nationally recognized 

leader in juvenile law. 

During her term as executive director at JLC, Levick represented many individual children 

in delinquency and dependency proceedings and litigated challenges to conditions of 

confinement in juvenile institutions and standards for pre‐trial detention throughout 

Pennsylvania. 


In 1995 she became JLCʹs legal director and now manages the Centerʹs litigation and 

appellate docket. In that capacity she has successfully litigated challenges to the state 

Department of Educationʹs failure to provide pre‐trial school‐aged youth in county prisons 

with basic and special education; the Department of Public Welfareʹs failure to ensure the 

availability of foster care payments to eligible kinship care givers; a local detention centerʹs 

failure to ensure the safety of a mentally ill resident; and a Pennsylvania statute denying 

Philadelphia adjudicated youth the opportunity to return to their regular public schools 

after completing residential placement. In addition, Levick has authored or co‐authored 

numerous appellate and amicus briefs in state and federal appeals courts throughout the 

country, including many before the US Supreme Court, and has argued before both state 

and federal appellate courts in Pennsylvania and elsewhere. Levick and JLC garnered media 

attention recently as one of the leading organizations to file an amicus brief against the 

juvenile death penalty in Roper v. Simmons, where the Supreme Court ultimately held the 

juvenile death penalty unconstitutional. Levick has also co‐authored scholarly articles on 

zero tolerance policies, girls in the juvenile justice system, and juvenilesʹ right to counsel at 

all stages of the juvenile court process. 

Nationally, Ms. Levick worked with the American Bar Associationʹs special taskforce to 

develop standards for the prosecution of juveniles in the adult criminal justice system, and 

serves on the boards of the National Juvenile Defender Center and Juvenile Justice Project of 

Louisiana. Levick is also a member of the advisory board of Rutgers‐Camden Law Schoolʹs 

Juvenile Justice Clinic. In 2006, Levick was the recipient of the Temple Law School Womenʹs 

Law Caucus annual Professional Achievement Award. 

Highlights from the Spring Meeting in Charleston, SC 

CJS Chair Joe Hynes awards Pima County (Arizona) 

Attorney Barbara LaWall with the 2010 Norm Maleng 

Minister of Justice Award, during the CJS/NDAA joint 

luncheon at the CJS Spring Meeting (April 10, 2010). 

NDAA Executive Director Scott Burns, CJS Chair Joe 

Hynes, NDAA President Chris Chiles, CJS Section 

Director Jack Hanna, and ABA House of Delegates Chair 

William Hubbard pose with the “Resolution of 

Appreciation” award presented to the NDAA on behalf of 

the Section 


VII. BUDGET REPORT 

The Section this year has continued a greater focus on sponsorships and publications and this 

coupled with Non‐dues income from CLE and National Institute programming helps us to 

continue to operate in the black. We have experienced budget cuts from the ABA for three 

years in a row and the efforts mentioned above along with a strong frugal history have assisted 

the CJS and to maintain a very solid financial framework. Dues income for lawyer members 

has decreased slightly over levels at this time last year. Section reserves are strong providing 

fiscal stability and ensuring continuity of Section activities in the face of economic downturns. 

The most recent financial reports show that the bulk of total FY08‐09 revenues have already 

been received, but our heaviest expenses will not be incurred until the last half of the year and 

probably not recorded until the final quarter. 

CLE and National Institute programs account for the bulk of income to the Section. The White 

Collar Crime National Institute continues to be extraordinarily successful. 

DUES INCOME: Regular lawyer and associate member dues were budgeted at $250,000 and to 

date we have received $225,000 actual collections for the current year. Efforts to increase 

existing membership numbers and to retain our regular lawyer base continue. 

GENERAL REVENUE REQUESTS: Section activities are supported by more than our Section 

resources. The Section receives substantial general revenue support from the ABA toward our 

basic operations. 


VIII. DIVISION/COMMITTEE REPORTS 

DIVISION/COMMITTEE REPORTS 

EQUAL JUSTICE DIVISION 

Division Co‐Directors: Patricia Gatling and Ernestine Gray 

Juvenile Justice Committee 

Co‐Chairs: Charles Olgetree, Kathryn Richtman and Lawrence Wojcik 

In addition to our meetings and programs we have a policy initiative each year that we take to 

the CJS Council to be voted on and hopefully sent to the ABA House of Delegates. Last year our 

policy focus was juvenile collateral consequences which did result in a successful policy passed 

by the ABA House of Delegates. This year we are focusing on the Privatization of Punishment 

within the juvenile justice system. If you are interested in seeing any of this work I would be 

happy to send it to you. 

Finally we also work on grant projects. Our Section and committee is batting close to 800 with 

our grant submissions. Currently we are working on a gigantic collateral consequences grant 

that will result in the first ever 50 state survey of juvenile collateral consequences, a website and 

what we call “think about it cards” which are cards that advise juveniles of their rights before 

taking a plea. We hope to work with state bars, juvenile judges, and public defenders to 

disseminate these cards. 

The committee continues to work on a grant that will result in the first ever 50 state surveys of 

juvenile collateral consequences, a website, and “think about it cards” which will advise 

juveniles of their rights before taking a plea. 

Military Justice Committee 

Co‐Chairs: Eugene Fidell and Stephen Saltzburg 

The Military Justice Committee cosponsored, along with the National Institute of Military 

Justice, the work of the Cox Commission II, an independent group chaired by former Chief 

Judge of the Court of Appeals Walter Cox formed to examine the state of military justice and 

make recommendations for improvement. The Commission issued its report in October 2010. 

The Commission made seven important recommendations, which are set forth below: 

1. Expand appeal to the Courts of Criminal Appeals and Court of Appeals for the Armed Forces 

(CAAF) to make appellate review a matter of right in every contested court‐martial. 

2. Enact the Equal Justice for Our Military Act of 2009, now pending in the House of 

Representatives, to permit direct appeal to the Supreme Court by convicted service members, 

regardless of whether CAAF grants certiorari. 

3. Consider permitting accused service members to waive their right to appellate review in pretrial 

agreements. 


4. Improve access of defense counsel to expert assistance during case investigation and trial. 

5. Prohibit trial counsel from attacking the credentials of an expert witness if the government 

provided that specific expert to the defense as an adequate substitute for an expert consultant 

requested by the defense. 

6. Require military law enforcement agencies to videotape the entirety of custodial 

interrogations of crime suspects at law enforcement offices, detention centers, or other places 

where suspects are held for questioning, or, where videotaping is not practicable, to audiotape 

the entirety of such custodial interrogations. 

7. Repeal Uniform Code of Military Justice, 10 U.S.C. § 925, (Article 125, sodomy). 

The Commission also identified areas of concern about which it was not prepared to make 

specific recommendations but urged further review and careful consideration by the 

Department of Defense and Congress. They involve UCMJ jurisdiction over civilians 

accompanying the force and the abuse of animals overseas; the critical role played by the 

convening authority and the importance of adequate training to ensure that commanders 

actively protect the rights of accused service members while controlling the prosecution; 

ongoing concerns about both the influence of rank and grade on military justice outcomes; and 

the importance of prosecuting, and reducing, domestic violence within the services. 

Problems of the Elderly Committee 

Co‐Chairs: Jonathan Blodgett, Lori Levin, and Benjamin Overton 

No Report Submitted 

Racial & Ethnic Justice & Diversity 

Co‐Chairs: Eric Barron, Katherine Fernandez Rundle, and Wayne McKenzie 

In order to reflect the expanded charge of the committee, the name of the committee was 

changed from the Committee on Race & Racism in the Criminal Justice System. 

Diversity Plan Under the leadership of co‐chair Erek Barron, a diversity statement was completed 

and accepted by the council. Next steps call for continued development and implementation of 

structured diversity action plans. The Section continues to improve in the area of section 

diversity due to the sensitivity and efforts of its leadership. Going forward, we hope to not only 

have a structured plan for the section, but be more engaged in targeted efforts to improve 

diversity in the profession. 

Criminal Justice Solutions Project: We are pleased to report great progress on this front. This year 

the CJS received a two‐year federal grant to work with four jurisdictions to create Racial Justice 

Task Forces. This effort involves bringing together all of the key criminal justice system actors 

and community stakeholders in a collaborative effort to identify areas that lead to unwarranted 

racial disparities and problem solve around effective reform efforts and practices. RFP’s were 

recently distributed encouraging jurisdictions to apply to the section for one of the four spots. 


An advisory board for the project has also been created. Again, thanks to the CJS staffers who 

were instrumental in making this happen. 

Cultural Competency Curriculum: Under the guidance of Catherine Beane, the curriculum is not 

only near its final version –although we anticipate ongoing refinements‐ but we recently 

completed our first “train the trainers” workshop which was held in Washington, D.C. This 

workshop was preceded by two developmental workshops that were held during this past year. 

In addition to Catherine and CJS staff, a special thanks goes out to Ed Burnette of NLADA who 

was an integral part of the workshops. 

Legislative & Project Support: With regard to the Justice Integrity Act, co‐chair Wayne McKenzie 

has participated in conference calls with others from the Brennen Center and the National 

Institute for Law & Equity regarding the status of the JIA and other legislation addressing 

issues of racial disparities and fairness. In my capacity as director of the Prosecution & Racial 

Justice Program, I also testified before the House Sub committee on Crime, Terrorism & 

Homeland Security. Finally, a briefing on the project was conducted for Senate staff this past 

March. 

Victims Committee 

Co‐Chairs: Russell Butler, Margaret Garvin, and Wanda Lucibello 

The committee was happy to welcome Wanda Lucibello as a committee co‐chair. Wanda’s 

participation on the committee as co‐chair will include leading issues related to domestic 

violence. The Committee has increased its membership and it now has 78 members. 

Child Victims: The Section completed responsibilities on grant a funded by the U.S. Department 

of Justice’s Office for Victims of Crime awarded to the Criminal Justice Section, worked in 

concert with the ABA Center for Children and the Law to improve legal protections for child 

victims of crime. The ABA’s Child Victims’ Rights Project developed expertise to assist with the 

enforcement of child victims’ rights, with a special focus on child victims of abuse, and will 

disseminate knowledge through training, policy development, and technical assistance to 

attorneys and guardians ad litem nationwide. The committee had a leadership role in ensuring 

the success of the grant. The Committee acknowledges and thanks the ABA Center on Children 

in the Law for its collaborative efforts. The Committee strongly urges the ABA to fully 

implement the child victim resolution adopted as a result of the efforts of the Committee and it 

will continue to advocate for child victims. 

Frank Carrington Crime Victim Attorney: The award is named for late attorney Frank Carrington, 

who had a tremendous impact on the crime victims’ rights and services movement in this 

country. Mr. Carrington founded and served as executive director of the Victims Assistance 

Legal Organization (VALOR) in Virginia, was a Director of the National Organization for 

Victims Assistance, and was a member of the California Attorney Generals Commission on 

Victims. Following his service on the Attorney Generals Task Force on Violent Crime (1981), he 

was appointed to the President’s Task Force on Victims of Crime (1982). From 1980‐82, he was 

Vice‐Chair of the ABA Criminal Justice Section’s Victims Committee and was its Chairman in 

1982‐83 when the ABA approved a comprehensive set of Guidelines for Fair Treatment of 

Crime Victims and Witnesses that subsequently served as a significant basis for the 

reconsideration of the interests of victims by both state and federal governments. 


The 2009‐2010 award was presented to Jay C. Howell, Esq. of Jacksonville, Florida. Jay has a 

history of advocacy, litigation, and public policy initiatives on behalf of children and crime 

victims. Jay has been a national leader for victims’ rights and especially child victims. As 

Executive Director, National Center for Missing and Exploited Children, Jay established and 

directed a national resource center to address the issues of child sexual exploitation and missing 

children. Jay also served on the American Bar Association Task Force on Questioning Children; 

Steering Committee, National Victims Constitutional Amendment Network, Denver, Colorado 

and was Chairman, Florida Constitutional Amendment for Victims Committee. He wrote 

Representing the Child Victim: The Attorneyʹs Victim Assistance Manual sponsored by the American 

Bar Association, Criminal Justice Section. Like the Section’s past honorees, Jay is a credit to the 

bar regarding his efforts to assist crime victims. 

Joint meeting with the newly formed National District Attorney’s Association’s Victim Committee: On 

Thursday, April 8 th , 2010 at the suggestion and recommendation of Criminal Justice Section 

Chair Charles J Hynes, the Victims ‘Committee of the ABA met jointly with the NDAA. DA Jan 

Scully, Sacramento, California, and Co‐Chairs Wanda Lucibello and Russell Butler prepared an 

agenda for the meeting which covered two main topics:1) Lawyers representing victims in 

criminal cases regarding their rights as crime victims, and 2) the discovery issues and 

Brady/Giglio issues associated with special U‐Visas for battered immigrant women. While some 

jurisdictions have law allowing representation of crime victims on the record by crime victim 

attorneys during the pendent prosecution, others do not. Regarding the second topic, 

concerning disclosure responsibilities with respect to law enforcement certifications of U‐ 

Visas—various issues were discussed concerning variations among jurisdictions as to numbers 

of visa certifications signed, which government entities handle the certifications, federal audits 

of jurisdictions issuing certifications, etc. Both groups will look for issues that are of mutual 

concern and attempt to have more joint meetings in the future. 

Other highlights from the Victims Committee: The Committee is working with Appriss/VINE 

(State) and VNS (federal) to include information regarding the automated victim notice services 

on the Committee website. Appriss has agreed to provide URL links including graphics and a 

logo. The Committee has contacted the ABA Division for Public Education. The Division has 

agreed to work with the Committee to update and to expand the Divisionʹs website regarding 

victimsʹ rights. The electronic material from Appris will also be included as part of the revision 

on the Division’s victims’ rights website. 

Committee Co‐chairs Meg Garvin, Russell Butler, and Vice‐Chair Angela Downes authored the 

Practice Tip: the Child Victim Attorney in Criminal Court Proceedings. The Practice Tip was in 

the Criminal Justice Sections Winter 2009 publication. 

The Committee co‐sponsored a CLE Session at the 2009 Annual meeting with the Pro Bono 

Project. The session, Beyond Best Interest: Roles and Responsibilities of the Childrenʹs Attorney 

was a panel discussion comprised of a judge, prosecutor, victims’ attorney, victim advocacy 

center director and moderator. The session drew in over 50 audience members and was very 

well received. 


Last but not least, former committee co‐chair, Mary Boland, and current committee co‐chair, 

Russell Butler, wrote an article entitled ‐ Crime Victims’ Rights: From Illusion to Reality that was 

published in Criminal Justice, Volume 24, Number 1, Spring 2009. 

http://www.abanet.org/irr/enterprise/lgbt/ABA_LGBT‐Boland_resource.pdf The article discusses 

changes to the justice system regarding victim and the roles and responsibility of those in the 

justice system to follow the rule of law regarding crime victims. 

The Committee would like to thank Meg Garvin and Russel Butler for their service to the 

committee and section as co‐chairs of the Committee. Meg serves as executive Director of the 

National Crime Victim Law Institute. While serving on the committee, Meg facilitated the 

review of the Section’s Fair Treatment Guidelines for Crime Victims. 

http://meetings.abanet.org/webupload/commupload/CR300000/newsletterpubs/victimsguidelin 

ereview.pdf Upon funding, this document will serve the section in updating the guidelines. 

Women in Criminal Justice Committee 

Co‐Chairs: Jane Aiken, Sarah Buel and Mary Hughes 

[While the Committee developed several policies for Council consideration, no report was 

submitted.] 

CORRECTIONS AND SENTENCING DIVISION 

Division Co‐Directors: Dino Amoroso and Martin Horn 

Alternative Dispute Resolution and Restorative Justice Committee 

Co‐Chairs: Karen Gopee, Kimberlee Kovach, and Marvin Johnson 

1. Updated Restorative Justice list to include additional programs and descriptions of 

programs, to be posted on the website in the upcoming months. 

2. Participated in panel discussions promoting the use of mediation in criminal matters and 

assisted other committees in finding speakers. 

3. Started researching schools that offer mediation and restorative justice programs. Working 

on compiling comprehensive list to be posted on the website within the year. 

4. Provided assistance to local groups establishing or expanding criminal mediation programs. 

Alternative to Incarceration and Diversion Committee 

Co‐Chairs: John Creuzot, Mathew D’Emic, and Ann Swern 

The committee and its chairs have remained committed to sharing their experiences in problemsolving 

courts and therapeutic justice. Co‐chairs Swern and D’Emic provided input to the ABA 

Immigration Committee in establishing ABA policy concerning the ability of non‐citizens to 

avail themselves the benefit of therapeutic courts without jeopardizing immigration status. 

They also coauthored an article published in the Criminal Justice Section’s publication “State of 

Criminal Justice 2010ʺ and co‐chair D’Emic also submitted an article for publication in the 

anticipated Section publication “Careers in Criminal Justice.” 


In addition, co‐chair D’Emic hosted judges and other officials interested in establishing mental 

health courts from various U.S. jurisdictions as well as Japan, Australia and Canada. He was 

also invited to speak on various issues relating to problem solving courts at the NDAA 

domestic violence conference in New Orleans, the Dallas Police Department conference on 

crimes against women, the National Gains Center conference on mental health in Orlando, and 

mental health court conferences in Broome County and Albany, New York. 

Judge D’Emic’s court was visited by classes from Brooklyn Law School and John Jay College of 

Criminal Justice as well as the editorial board of the New York Daily News, the office of the 

NYC Deputy Mayor and the Urban Institute. In addition to his courtroom responsibilities, cochair 

D’Emic has visited several alternative‐to‐incarceration programs in New York City. The 

Brooklyn Mental Health Court was also the subject of a broadcast on the BBC World News 

Service. Recently Judge D’Emic was appointed to the New York State Judicial Committee on 

Women in the Courts by New York State’s chief administrative judge. 

Corrections Committee 

Co‐Chairs: Brett Dignam, Marc Elias, and Martin Horn 

The Corrections Committee has focused considerable attention in the last year on the issue of 

female offenders and mental health. In particular, the Committee has zeroed in on the issue of 

women and security classification to explore whether security classification and risk assessment 

instruments are effective in measuring risk in the female offender population and to consider 

risk assessments designed to be responsive to the particular needs and concerns of women 

offenders. 

On April 28, 2010, the Corrections Committee, in partnership with the John Jay College of 

Criminal Justice, convened a Women & Security Classification Conference at the John Jay 

College of Criminal Justice to explore these issues. The Conference, entitled “Equal Justice, 

Unequal Results: Security Classification of Incarcerated Women,” brought together security 

classification experts, prison officials, academics, advocacy groups, and others in the corrections 

community. Panelists included Myrna S. Rader (Southwestern Law School), Jane H. Aiken 

(Georgetown Law Center), Dr. Mary Byrne (Columbia University School of Nursing), Maureen 

Buell (National Institute of Corrections), Georgia Lerner (Women’s Prison Association), Dr. 

Patricia Van Voorhis (University of Cincinnati), Philip Genty (Columbia Law School), Kathy 

Boudin (Columbia University School of Social Work), Terry David (NYS Dept. of Correctional 

Services), and Lisa Freeman (Legal Aid Society of New York). 

The conference probed whether there should be a different kind of security classification 

instrument developed for women—a more gender‐responsive framework that addresses issues 

of vulnerability and protection from harm—or whether the current structure is sufficient in 

assessing risk and categorizing women as they enter the prison system. Overall, the conference 

reaffirmed that these are issues worthy of focus and continued study. Conference participants 

acknowledged the power of security classification decisions to determine a woman’s sentence 

and grappled with how classification decisions might differently impact women, who may be 

victims of domestic violence, have substance abuse and addiction issues, or have special 

concerns related to parenting. 


The conference also highlighted that there is ongoing research, evidence‐based practices, 

exploratory work on women and security classification instruments, and “gender responsive” 

frameworks that should be acknowledged and taken into account by policymakers creating 

security classification policies. Issues of particular interest from the conference included: 

‐‐A concern that the highest risk women end up in high security prisons. Conference 

participants discussed whether there could be alternative ways to approach the most troubled 

women in prison, finding ways to address their needs in other manners, including through 

improved mental health services in prisons. 

‐‐Issues of the special needs of women in prison, including ways to think about how to deal 

with women who may have experienced domestic violence or have problems with substance 

use. 

‐‐Ideas about the special parenting and mothering roles of women, and how risk and security 

assessments may play a role in allowing women access to their children. 

‐‐The conference also explored how a woman’s parole and release are impacted by security 

classification decisions made at the beginning of her sentence, an idea which further reinforces 

the importance of the security classification decisions. 

The Corrections Committee is continuing to explore these issues, and will report on them in 

more detail and propose resolutions for consideration by the Section during the coming months. 

Also this year, the Committee worked with the Section and the Reentry Committee in 

presenting the Reentry Summit in November, provided comment to the Treatment of Prisoners 

Standards task force and drafted comment for the Section to provide to the United States 

Department of Justice regarding the proposed rule‐making regarding the Prison Rape 

Elimination Act standards. One of the committee’s co –chairs was selected to serve as the ABA 

representative to the Commission on Accreditation for Corrections and participated in 

Commission hearings in August 2009. 

Parole and Probation Committee 

Co‐Chairs: Douglas Burris and Jorge Montes 

The Parole and Probation Committee was recently formed under the Criminal Justice Section. 

This Committee is co‐chaired by Jorge Montes and Doug Burris. Jorge is the Chairman of the 

Illinois Prisoner Review Board, a position he has held for over six years. In that capacity, he has 

changed the culture of the Board and evolved policies and that have become national models. 

Today the Board has an emphasis on avoiding unnecessary incarceration and helping parolees 

contribute positively to their communities. Jorge previously was recognized by the ABA where 

his work was referenced for how it, “strikingly illustrate(s) how changing concepts of what 

constitutes an effective sanction can influence the exercise of discretion on the part of paroling 

officials.” 

Doug is the Chief U.S. Probation Officer in Eastern Missouri. His District supervises the most 

at‐risk caseload of the 94 districts that compose the federal system. In spite of this risk, the 

individuals on the Eastern Missouri caseload have maintained an unemployment rate less than 

that of the community for over five years. This has resulted in a drastic lowering of the 

District’s revocations. Burris has featured the successes of his District in multiple White House 


presentations, and he testified before both the House and the Senate on successful re‐entry 

strategies. 

Though a new committee, a total of 34 people have already become members. Meetings have 

been held in Washington, D.C., Charleston, S.C., and both Chicago and Springfield, Il. The 

committee is in the planning stage of a national conference on clemency and pardon 

procedures. This will be the first conference of this kind, and will feature presentations on 

effective strategies and polices, as well as develop recommendations regarding clemency and 

pardon activities. Because the Parole and Probation Committee is in it’s infancy, the co‐chairs 

encourage people to become active members and help shape the direction of the committee in 

the immediate future. 

Re‐Entry and Collateral Consequences Committee 

Co‐Chairs: April Frazier, Lance Ogiste, and Bruce Western 

In 2009‐2010, the Reentry Committee assisted Chair Joseph Hynes in organizing two ABA 

Conferences on Reentry in November 2009. Criminal justice experts came from across the 

country to share information on the latest state and federal trends on reentry. Both conferences 

were a success! 

This year, the committee goals were to (1) educate criminal justice community about reentry 

initiatives, (2) increase committee membership involvement, (3) increase reentry publications. 

Our goal is to provide expertise and the latest information on reentry issues to our membership 

and the broader legal community. 

The committee completed an article on Reentry for the State of Criminal Justice. The article will 

discuss reentry issues and programs that assist persons returning home to the community. In 

addition, the committee is also working on a quarterly newsletter publication for Summer 2010. 

One of the goals of the quarterly newsletter is to include the personal story of persons 

reentering society in order to put a human face on the issue of reentry. 

We would like to also improve our committee webpage by providing the latest research and 

reports, web links to helpful websites and information on upcoming reentry events. We would 

also like to include individual client stories on our committee webpage. Our ultimate goal is to 

serve as a resource for the criminal justice community concerning the important issue of 

reentry. We have not met this goal this year and will work with the ABA staff and committee 

members in the coming year. 

Sentencing Committee 

Co‐Chairs: Carlos Acosta, Barry Boss, and James Felman 

In 2009‐10, the Sentencing Committee was active in addressing the myriad sentencing issues 

that have come to the fore since the Supreme Court’s decisions in the Gall and Kimbrough, the 

renewed legislative focus on sentencing issues, the new administration’s review of existing 

charging and sentencing practices, and the Sentencing Commission’s focus on alternatives to 

incarceration. In addition, we have continued our efforts to improve procedural fairness in the 

sentencing process and helped organize the annual Sentencing Advocacy, Practice and Reform 

Institute in Washington, D.C. 


One of the ABA’s sentencing priorities is the elimination of mandatory minimum sentencing. 

Congress directed the United States Sentencing Commission to prepare a report on mandatory 

minimums and to make recommendations. In May, the Commission held a hearing on this 

issue at which committee Co‐Chair Jim Felman testified. During the upcoming year, the 

committee plans to use the opportunities presented by the Commission’s report to advance the 

ABA’s existing policy regarding mandatory minimums. 

An additional priority of the committee has been to urge the Sentencing Commission to make 

greater use of alternatives to imprisonment. This past year, the Commission promulgated 

proposed amendments to expand alternatives and our committee submitted written comments 

supporting the amendment and Jim Felman testified before the Commission. The Commission, 

in fact, passed the amendment and it is scheduled to go into effect on November 1, 2010. 

In addition, the committee organized the Second Annual Sentencing Advocacy, Practice and 

Reform Institute with Special Focus on Reentry which was held on November 6, 2009 in 

Washington, D.C. The seminar featured some of the most well‐known reentry and sentencing 

experts in the country, such as John Jay College of Criminal Justice President Jeremy Travis and 

Deputy Solicitor General Michael Dreeben. The program was a success with over two hundred 

attendees, and the Committee will assist with the Third Annual program which will be held in 

conjunction with the Fall Council meeting in Washington D.C. This year’s program will include 

a Criminal Justice Legal Educators Colloquium. 

Last year, the committee provided comments and perspectives to the DOJ on its charging and 

sentencing practices. In May, Attorney General Holder released a memorandum outlining new 

charging and sentencing policies for U.S. Attorney Offices. We hope to monitor the 

implementation of these new policies and provide feedback to the sentencing community on the 

specific changes that have been brought about. 

Finally, the committee continues its efforts to achieve procedural reform in the federal 

sentencing process. The committee has developed policy which was approved by the House of 

Delegates to amend Federal Rule of Criminal Procedure 32 to ensure that both the government 

and the defense have an opportunity to review the information to be considered by the 

sentencing court in determining the appropriate punishment. During the upcoming year, we 

plan to continue our efforts to encourage the Rules Committee to adopt this amendment. 

SPECIALIZED PRACTICE DIVISION 

Division Co‐Directors: Cheryl Jacobs and Bruce Zagaris 

Amicus Practice Committee 

Co‐Chairs: Terence Anderson and Rory Little 

Abbott v. U.S. 

In May 2010, the ABA filed an amicus brief supporting petitioners in Abbott v. U.S. (09‐479) and 

Gould v. U.S. (09‐7073), cases involving the potential « layering » of mandatory minimum 

sentences. The brief had been recommended by the Section and was drafted by Jeffrey Lamkin 

and Edward Daniels at MoloLamkin, with the assistance of Margaret Love. It may be viewed 

at: www.abanet.org/amicus/briefs/kevin_abbott_carlos_rashad_gould_v_united_states.pdf. 

Flournoy v. Georgia: While the ABA rarely files amicus briefs in state supreme courts, upon 

recommendation of Amicus Committee Co‐Chair Rory Little, the Executive Committee decided 

in May to file an application for a brief in the right‐to‐counsel case Flournoy v. Georgia that had 

been appealed to the Georgia Supreme Court. Last December, plaintiffs had filed a class action 


civil suit against the State, asserting it had failed in its non‐discretionary duty to provide 

counsel for new trial motions and first direct appeals. In February, the Superior Court of Fulton 

County granted a writ of mandamus requiring the State to provide members of the plaintiffs’ 

class “effective and conflict free counsel” at the earliest possible time but no later than 30 days 

after the entry of the order. Due to a technicality in the State’s appeal, the case is “on hold” at 

the present time. Attorneys in the law firm of McKenna Long & Aldridge LLP will continue 

work on the application and draft brief in the event the State can appeal in the required manner. 

Chapman v. U.S.: In January 2010, the 4 th Circuit Court of Appeals concluded in the abovereferenced 

case that decisions involving mistrials are tactical decisions left to the sound 

judgment of counsel, even if the client disagrees with the decision. In doing so, it found that the 

district court properly rejected Chapman’s claim that his attorney provided constitutionally 

ineffective assistance of counsel by refusing, over Chapman’s instructions to the contrary, the 

trial court’s offer of a mistrial without prejudice. Committee Co‐Chairs Rory Little and Terence 

Anderson advised against pursuing an ABA amicus brief in connection with an expected cert 

petition since there is no ABA policy directly on point either in the Standards or otherwise 

directly. Section leadership agreed. 

Padilla v. Kentucky: On March 10, the U.S. Supreme Court decided that a defense attorney’s 

failure to correctly advise a legal permanent resident client concerning the immigration 

consequences of a guilty plea falls short of the standard of reasonable performance under the 

Sixth Amendment. On the Section’s request, the ABA had filed an amicus brief in this case. 

While the opinion did not cite the ABA amicus brief, it did refer to several sets of ABA Criminal 

Justice Standards that had been highlighted in the ABA brief. 

Appellate and Habeas Committee 

Chair: Jeffrey Green and Steven Wisotsky 


Cyber Crime Committee 

Co‐Chairs: David Goldstone and Christopher Painter 


Homeland Security Committee 

Co‐Chairs: Barbara Berman and Steven Solow 

The Homeland Security Committee has continued this year to increase its membership. The 

committee has been planning programming which will address the issues in the Khalid Sheik 

Mohammad trial when it takes place. Committee Co‐chairs have also been in conversations 

with the ABA standing committee on Homeland Security and the Administrative Law Sectionʹs 

Homeland Security Chair. These conversations are designed to keep the Criminal Justice 

Section Homeland Security Section Committee included in the planning and organizing of ABA 

programs on homeland security issues. Discussions included the Fall programs planned by the 

standing committee. 

Immigration Committee 

Co‐Chairs: Sara Dill and Robert McWhirter 



International Committee 

Co‐Chairs: Luz Nagle and Buddy Parker 

The Chairs communicated with committee members and encouraged them to get involved with 

other Committees and initiate activities with them. 

The Chairs of the International Criminal Law Committee have communicated with the officers 

in the International Law Section to coordinate with them on conferences and agendas in an 

effort to avoid overlap in programs and topics and to offer the ABA stronger programs through 

mutual cooperation and goals. We will like to continue exploring mutual interests and shared 

visions with each of our committees and see where we have common ground upon which to 

build. 

Luz Nagle was part of the ABA Task Force on the Vienna Convention on Consular Affairs, 

became a member of the Criminal Justice Council, and worked with members of the Sections on 

Litigation, Individual Rights and Responsibilities, International Law, the the Death Penalty 

Representation Project, and the Commission on Immigration, respectively. The Resolution on 

the Vienna Convention was adopted by the House of Delegates. Both Luz Nagle and Buddy 

Parker are part of the Task Force on the International Criminal Court and have been actively 

engaged in its proceedings. 

The Committee Chairs also assisted in identifying appropriate invitees from Latin America and 

other parts of the developing world for the World Justice Project (August 2009) 

The Chairs worked with the Victim’s Committee on an International Parental Kidnapping issue, 

and reviewed the ABA policy specifically addressing international child abduction adopted 

February in 1981, and urged the United States to ratify the Convention on Civil Aspects of 

International Child Abduction. 

Luz Nagle reviewed the human trafficking legislation to look for similarities and differences 

between H.R. 3240 (a bill to ensure compliance with the 1980 Hague Convention on the Civil 

Aspect of International Child Abduction) and the federal Trafficking Victims Protection Act of 

2000. 

Buddy Parker assisted (April 2010) Bruce Zagaris in updating and editing the U.S. International 

Law chapter in the ABA’s The State of Criminal Justice 2010. 

PROFESSIONAL DEVELOPMENT DIVISION 

Division Director: Barbara Berman Vincent Aprile 

Cle Board 

Chair: Jack Boese 

See “List of CLE Programs presented as of August 2010” on page 12. 


Criminal Procedure, Evidence and Police Practices Committee 

Co‐Chairs: Richard Friedman, Anna‐Sigga Nicholazzi, and Samuel Yee 

1. Videotaping of police questioning of suspects. 

The Committee discussed this subject when it met at the Criminal Justice Section’s meeting 

in Charleston, SC. A wide‐range of attendees was present, including a law professor, a law 

enforcement consultant, and several defense attorneys. As part of this discussion, Co‐Chair 

Nicolazzi, who presided at the meeting, proposed to have an article or report prepared on this 

topic. This proposal was well‐received at the meeting. As a result, Co‐Chair Nicolazzi will 

distribute a letter to the entire membership of our Committee to find members who wish to 

assist in this endeavor. Additionally, she will be asking the ABA to assist in a nation‐wide state 

by state survey to determine which states mandate video‐taping of all suspects. 

2. Proposed Amendments to the Federal Rules of Evidence 

The Committee Chair circulated proposed amendments to the Federal Rules of Evidence, 

soliciting comments. The Committee itself did not offer public comments on the proposed 

amendments, but the Chair submitted a set of comments to the Advisory Committee on the 

Federal Rules, incorporating comments made by another Committee member. 

3. Confrontation and Forensic Laboratory Reports 

A recent development of great interest within the Committee’s jurisdiction is the holding in 

Melendez‐Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), that forensic laboratory reports are 

testimonial for purposes of the Confrontation Clause under the doctrine of Crawford v. 

Washington, 541 U.S. 36 (2004). (For a time, the grant of certiorari in Briscoe v. Virginia, No. 07‐ 

11191, in which the Committee Chair represented petitioner, led to speculation that the Court 

might overrule or cut back on Melendez‐Diaz. But the Supreme Court’s decision, 559 U.S. ___ to 

remand Briscoe for further proceedings consistent with Melendez‐Diaz.) The Chair prepared for 

the Committee’s consideration a draft statement on how jurisdictions might cope with Melendez‐ 

Diaz. The Committee will soon consider whether to adopt such a statement. It will also 

monitor other Confrontation‐related developments, including the Supreme Court’s decision in 

the pending case of Michigan v. Bryant, No. 09‐150. 

Innocence 

Co‐Chairs: Paul Giannelli, Myrna Raeder and Tanisha Simon 


Defense Function Committee 

Co‐Chairs: Jennifer Thompson and Pauline Weaver 

The Defense Function Committee began this year with the goal of increasing the number and 

participation of its membership in the work of the committee. We have had a number of 

individuals who have contributed to the work of the committee. Specifically: 


1. We have had in person meetings in Washington, DC in November 2009, in Charleston in 

April 2010 and in New York in June at the Forensics program. In between, we have had 

two phone conference calls. We will be meeting in San Francisco in August. 

2. A number of our committee members helped plan the Prescriptions for Forensic 

Evidence program which was held recently in New York. It was very successful. There 

will be a follow up phone conference to discuss repeating the program next year. 

3. Bill Summers is beginning to work Native American/Native Alaskan defense 

representation issues. There is some legislation pending in Congress, but it does not 

appear to address the defense counsel issues that we are concerned about. 

4. We are looking at the issue of Brady materials, discovery and depositions in criminal 

cases. 

5. Crystal Roland has been an enthusiastic and valuable member of the team in her 

capacity as Chair of the Subcommittee on Indigent Defense. She has recruited others to 

join her and is actively looking for opportunities to address these issues. She is writing a 

one page article for CJS Magazine. 

6. We again contributed an update for the Defense Function Chapter in the State of 

Criminal Justice. Many thanks to Bill Summers for spearheading this endeavor. 

7. The Defense Function Listserve has been used to keep people updated and to distribute 

articles of interest. 

In June 2010, the committee cosponsored, Prescriptions for Criminal Justice Forensics 

Conference at Fordham University School of Law in New York. Over 200 persons attended 

plus the faculty. 

Ethics, Gideon and Professionalism Committee 

Co‐Chairs: Lohra Miller, Peter Joy and Ellen Yaroshefsky 


Judicial Function 

Co‐Chairs: Barry Kamis, Theodore McKee, Eunhae Park 

The Judicial Function Committee explored ways in which the judiciary may minimize the 

danger of wrongful convictions. In support of that goal it submitted a recommendation 

ultimately adopted by the House that urges trial courts to conduct a pre‐trial conference to 

ensure that the parties are fully aware of their respective disclosure obligations and to offer the 

courtʹs assistance in resolving disputes over disclosure obligations. 

The pre‐trial conference will have several positive effects: courts will anticipate issues that 

might otherwise delay or derail a trial; courts will enhance the truth‐finding function of the 

trial; previously undisclosed evidence may have a bearing on pre‐trial suppression issues; pleabargaining 

will be facilitated; courts can rule on whether certain evidence is discoverable. 





Prosecution Function Committee 

Co‐Chairs: David Barber, Mike McCann, and Michael Moore 

The Prosecution Function Committee held four meetings this year. The meetings took place in 

Chicago, Washington, DC, Charleston and New York City. The following items were addressed 

by the committee: 

1. The Resolution on Judicial Use of the Term “Prosecutorial Misconduct” after numerous 

years of work a resolution will again be submitted to the ABA in August. 

2. Members of the committee where involved in planning the CLE in New York in June. 

Prescriptions in Forensic Science which addressed the NAS report that the committee is 

following closely. 

3. Committee worked with NDAA on a variety of issues and a member of the committee 

got the section to pass a resolution supporting the NDAA and its programs at the NAC. 

4. Discussion was held on the proposal regarding Government access to records which the 

committee opposed by supporting the dissent. 

5. The committee is currently following the Brady proposal and plans on discussing the 

new proposal at the next committee meeting. 

6. Numerous other policies and/or resolutions were brought before the committee and 

reviewed by the committee for comment. 




In the future the committee will be working on establishing an information page for prosecutors 

and defenders on the John R. Justice student loan forgiveness program. In addition the 

committee would like to research the information charging trend across the country and review 

whether a study on witness intimidation is needed. I was also suggested that the committee 

participate in a review of a possible study into bond conditions and bail bondsman. The 

Prosecution Function will continue to work with the science and technology committee on the 

NAS report. 

Science Technology and Forensics Committee 

Co‐Chairs: William Fitzpatrick and Barry Scheck 





Book Board 

Chair: Andrew Taslitz 

COMMUNICATION, MEMBERSHIP AND SERVICES DIVISION 

Division Co‐Directors: Mathias Heck and Nina Marino 

Our first product in Fiscal Year 2010 was a Spanish version of the Citizenship Flow 

Chart Poster (Bob McWhirter). This is being sold alongside the existing English version of the 

chart, with the added goal of creating marketing opportunities for two existing Criminal Justice 

Section books, namely, The Criminal Lawyerʹs Guide to Immigration Law: Questions and 

Answers, Second Edition and The Citizenship Flow Chart (both by Bob McWhirter). 

The book publishing board currently has brought two books into publication in this 

fiscal year: (1) The Fourth Amendment Handbook, 3rd Edition and (2) Warning the Witness: 

A Guide to Internal Investigations and the Attorney‐Client Privilege, a practical handbook on 

Upjohn warnings co‐authored by David Seide and Gary Collins. 

The topic areas (criminal law, ethics, white‐collar crime, a Bill of Rights subject, and 

immigration law) represent the book board’s goal to publish widely in criminal justice subjects. 

To meet this goal, the board had developed a strong pipeline of publications for the next two 

years. We are working toward our long‐term goal of establishing a three‐year development 

cycle for books that meet a practical need, provide timely, focused information to criminal 

justice practitioners, and serve the section’s interests. Although we will continue our tradition of 

doing public service projects, we are trying to focus far more heavily on the profitability of 

projects, subjecting them to significant market analysis as to potential audience, price, and 

competitors. 

Publications – Next Fiscal Year: We expect to have a strong beginning in Fiscal Year 2011. One 

of the first titles we expect to publish in the first half of the fiscal year will be a book on 

Contraband and Counterfeiting, a team‐written book organized by lead author Craig Stewart. 

It will be followed by How to Try a Murder Case (suggested by Bruce Green); it is a teamwritten 

project covering both defense and prosecution perspectives under the leadership of 

author/editor Mike Wims. Both these manuscripts are near completion and undergoing peer 

review. 

Many more books are in development for Fiscal Year 2011 and 2012. A book on Federal 

Criminal Discovery Issues (by author Rob Cary and Simon A. Latcovich) will explore Brady, 

Giglio, disclosure rules, ethical duties to disclose, and special consideration. Ben Friedman and 

Michael Ambrosino will co‐author How to Write a Bullet‐Proof Search Warrant. A thirdedition 

update of Joseph McSorley’s Portable Guide to Federal Conspiracy Law will be written 

by George Donnini and Benjamin Gluck. 

We expect to publish a book on The Sixth Amendment by Paul Marcus and a small 

team of co‐authors; they will offer a treatment similar to The Privilege of Silence, our 2009 

book on the Fifth Amendment. The authors are already hard at work on this project. 

Other working titles include Using the Media: What Prosecutors and Defenders Can, 

Cannot, and Should Say and How (a multi‐author work, with a different author for each 

chapter; we have lined up several of the chapter authors but are still looking to complete the 

lineup); Collateral Consequences; ABA Standards – The Prosecutor’s Investigation Role 

(McGregor Smyth has agreed to serve as lead editor/author); and a book on Money Laundering 

(by authors Peter Henning and James Candelmo) written in a mode similar to Asset Forfeiture 


(Edgeworth, 2008). Bob McWhirter is on tap to update his Criminal Lawyerʹs Guide to 

Immigration Law book whenever substantial changes in federal law merit it. 

Marketing: Delays in some projects have required re‐allocating our financial forecasts and 

profit as indicated in the charts below. The charts explain the reallocation rather than any 

decline in expectations. Indeed, the many projects that we have in various stages in the pipeline 

suggest growing revenue in the years to come. Revenue growth has certainly been our top 

(though not our sole) priority in making publication decisions. 

General: In the past year, the committee increased the number of its conference calls to replace 

what had been the board’s regularly scheduled spring, summer, and fall meetings. In addition, 

monthly conference calls were scheduled for the first half of the 2010 fiscal year. While the 

committee members found that the greatest amount of work was achieved through the inperson 

meetings, it’s also the case that our frequent but shorter conference calls yielded a strong 

pipeline of books, particularly in white‐collar crime topics. The committee members’ 

responsibilities do not stop with meeting and conference call participation. One member of the 

committee is appointed as a liaison to shepherd each project from Committee approval through 

completion. Sometimes, several committee members work together as teams on projects. 

Committee members are also selected to review drafts and outside evaluators are also generally 

solicited to offer feedback on drafts. Committee members are also working on a book topic 

development grid to better identify key subject opportunities and their relationships to other 

Section committees. White‐collar crime topics will continue to be a central area of development 

for new titles. 

The current board members are Gary H. Collins, George B. Donnini, Ellyn Garofalo, 

Carol Garfiel Freeman, Sharon Rubinstein, Jack Selden, Bob Del Tufo, Michael D. Wims, and 

chairman Andy Taslitz, with ABA staff participation by marketing director Kelly Keane and 

executive editor Sarah Orwig. As chair, I would like to make special recognition of Carol 

Freeman’s exceptional contributions to the committee, especially in the past year. She provided 

astute commentary to the Fourth Amendment Handbook updates, she served as a tireless 

proof‐reader and fact‐checker, and as soon as she wrapped up her work on the handbook, she 

applied her criminal justice expertise to the review of the How to Try a Murder Case 

manuscript. 

Criminal Justice Magazine Editorial Board 

Chair: J. Vincent Aprile II 

This has been a busy year for the magazine, its staff and editorial board. The untimely and 

unfortunate passing of David Leonard, our chair, in February was an immense loss. Board 

members and staff sought to honor David by picking up where he left off and we further 

recognized David and his accomplishments in a full‐page tribute. We were humbled to have 

received thanks from David’s wife, Susan. 

As you know, a fairly thorough update was prepared for the spring CJS council meeting which 

outlined upcoming themes we plan to address as well as initiatives we’d like to pursue in order 

to be more responsive to the section’s membership. Editorially we are on track so I will not 

reiterate the spring report here. I do wish, however, to again twist the arms of committee chairs 

to designate one member of each committee to be a liaison to the magazine. This is a priority 

item. 


Further, I communicated to Jack Hanna and Bruce Green my firm belief that we as a section and 

a magazine must reach out more to “Main Street” lawyers. Well written practice oriented 

articles are needed and welcome. This includes not just “nuts and bolts” legal scholarship but 

also articles addressing the economics and practicalities of practicing law in these fiscally 

challenged times. While I promised not to reiterate the spring report I will break from that 

momentarily to remind everyone that the magazine is your baby – feed it. 

In these unsettled economic times, the magazine is making strides to curb costs by cutting 

expenses for art and travel (both staff and member). ABA Publishing executed a new printing 

contract that substantially reduced print costs, though the cost of paper and postage continue to 

fluctuate with market demand. The editorial board will continue these austerity measures in 

2010‐2011 with the goal of zero increase in expenditure over last year’s budget – despite 

projections for increases in paper and postage. We’ve realized some savings this year, although 

reluctantly. 

There was good news and bad news with respect to the William Greenhalgh student writing 

competition. The good news was that we had a good level of participation from students but 

the bad news is that the quality of writing and/or legal scholarship was significantly lacking. 

After considerable deliberation the consensus of the Greenhalgh judges was that none of the 

entries was worthy either of the prize or publication. This was a very difficult decision but we 

felt that it would not honor Bill to publish or recognize a deficient work. We hope that this will 

not be the case next year. 

The magazine produced four issues in fiscal year 2009‐10 (fall 2009 through summer 2010), 

including a symposium on post‐conviction practices. Other topics included the landmark NSA 

report on forensic science standards; updates to courtroom technology; the potential of 

technology to interfere with Fourth Amendment privacy rights; the logic of strict liability; and 

rules of defense in juvenile delinquency courts. The summer issue has just mailed and will 

feature a look at the upheaval of Padilla v. Kentucky; the January 2009 DOJ memos to prosecutors 

regarding exculpatory evidence; new criminal justice standards on treatment of prisoners; using 

Lawrence v. Texas in criminal defense; and what to do when you discover a juror is not a citizen. 

The fall issue will feature a white collar symposium under the watch of issue editor Sherri 

Schornstein. 

I’m grateful for the many contributions of my fellow board members, especially in this year of 

unanticipated transition, and particularly for Vince Aprile’s wise counsel. The greatest thanks 

goes to our editor, MaryAnn Dadisman, who has weathered many storms and has been the glue 

that had been able to hold all of this together. 

Criminal Practice Management/Solo & Small Firm Committee 

Chair: Anthony Colleluori and Danny Ferreira 


Communication, Awards and Memberships Committee 

Co‐Chairs: Sidney Butcher, Judith Friedman, Michael Hamden, and Kurt Stitcher 

See Membership Activity Report on page 19. 


Law Student Activities Committee 

Co‐Chairs: Brice Aikens, Amanda Deatherage, and Cynthia Jones. 

No Report Submitted. 

Legislative and Policy Committee 

Co‐Chairs: Michael Costello, Mark Earley, and Hillel Hoffman 

Nothing to Report. 

Long Range Planning Committee 

Chair: Robert A. Johnson 

On Wednesday, December 16, 2009, the Criminal Justice Section Long Range Planning 

Committee held a strategic planning session to examine issues that it would like to tackle in the 

short‐term as well as over the next three years. Participants discussed the top issues facing the 

Section and the Criminal Justice System, what the Section’s impact has been over the past 

several years, what areas it would like to enhance, and what new areas it would focus on in the 

upcoming three years. Participants then brainstormed on specific programs and activities to 

put in place to achieve the key areas. 

In attendance for all or parts of the meeting were: 

Chair: Robert Johnson 

Sidney Butcher, Jim Cole, Jim Felman, Judi Friedman, Ron Goldstock, Bruce Green 

Steve Salzburg, William Shepherd, Anne Swern, Sandy Weinberg 

Jack Hanna, Section Director 

Chris Gowen, Susan Hillenbrand, Carol Rose, Robert Snoddy, Kyo Suh 

Facilitator: Dolores Gedge 

WHITE COLLAR CRIME DIVISION 

Division Co‐Directors: James Cole and Janet Levine 

On Nov. 5, 2009 in Washington, DC, the White Collar Crime Committee held a panel discussion titled “Town Hall 

Meeting: Brady Practices in State and Federal Jurisdictions,” which featured representatives from the bench, 

Department of Justice, defense bar, and academia debating the emerging issues regarding Brady/disclosure 

obligations and practices in state and federal jurisdictions around the country. 


White Collar Crime Committee 

Co‐Chairs: Brian Hennigan and Morris “Sandy” Weinberg 

The committee continued to take a leadership role in 2009‐10 in advancing the Section’s goals of 

education, promotion of policy initiatives, and providing a platform to help develop the next 

generation of criminal justice experts. We worked to foster a continuing dialogue between 

defense attorneys and the Department of Justice, particularly in areas of national policy. Our 

DOJ Liaison committee, under the leadership of Jack Selden, held numerous meetings with 

Attorney General Holder and his staff. Justice Department representatives, as well as those from 

the SEC and other government agencies, participated in numerous committee programs and 

events around the country. 

The committee launched, and will continue work begun last year studying prosecutors’ 

compliance with their discovery obligations under Brady v. Maryland and other law. The Brady 

Project consists of public defenders, prosecutors, defense lawyers, judges, ethics officers, and 

academics to study and survey the Brady and disclosure obligations and practices around the 

country. The goal of the group is to propose a model practice for the identification and 

production, in a timely manner, of exculpatory materials to defendants in state and federal 

criminal prosecutions. The first step in this endeavor was the creation of a short online 

survey which seeks information about disclosure policies and practices in state and federal 

jurisdictions around the country. The survey can be found at 

http://www.surveymonkey.com/s.aspxsm=exhlqmTQEvNeQInAqwBi3g_3d_3d. 

The completion of the Upjohn Best Practices Report is one of our most significant 

accomplishments. As a result of the Upjohn Report, Gary Collins and David Seide worked with 

the ABA Publishing to release “Warning the Witness: A Guide to Internal Investigations and the 

Attorney‐Client Privilege” in March. 

The WCCC’s Regional and Substantive subcommittees – working with the National leadership 

and the ABA Center for Continuing Education – put on National Institutes covering issues such 

as Securities Fraud, the Foreign Corrupt Practices Act, Criminal Tax Fraud, Gaming Law, 

Health Care Fraud, Computer Forensics, and the Civil False Claims Act. This year, together 

with the Business Law and International Law Sections, we cosponsored the Second Annual 

National Institute on Internal Corporate Investigations and In‐House Counsel. The 

subcommittees also continue their endeavor to achieve parity and a balanced approach by 

involving state and federal prosecutors along with defense attorneys in all programming. 

This menu of national programming was punctuated by the 24th Annual National Institute on 

White Collar Crime in February. More than 1,300 practitioners gathered in Miami to benefit from 

the expertise and insights of a unique blend of judges, federal, state and local prosecutors, other 

law enforcement officials, defense attorneys, corporate in‐house counsel, and members of the 

academic community. Our institute, founded by former committee co‐chair and National 

Institute program chair, Ray Banoun, stands alone as the preeminent gathering of White Collar 

Crime practitioners in the country. 

Local programming continued to highlight our committee’s work. A few of the more than 30 

programs are set forth below. Our thanks to our dedicated, substantive and regional committee 

chairs for their hard work. 


White Collar Crime Committee Programs 

“The Second Annual FCPA Update: Current SEC and DOJ Enforcement Initiatives” – Sept. 

10, Washington, D.C. 

ʺWhite Collar Crime Roundtableʺ ‐‐ Sept. 16, Phoenix, AZ 

ʺForeign Evidence: Collecting and Protecting Itʺ ‐‐ Sept. 17, Washington, D.C. 

“3 rd Annual National Institute on Criminal Enforcement of Intellectual Property Rights” – 

Oct. 9, Washington, D.C. 

ʺCybercrime, Data Breaches and Red Flags: The Next Waveʺ ‐‐ Oct. 15, Philadelphia, PA 

“4 th Annual National Institute on Securities Fraud Conference” – Oct. 15‐16; Washington, D.C. 

ʺThe Informant!: A Panel Discussionʺ – Oct. 27, Chicago, IL 

ʺTown Hall Meeting: Brady Practices in State and Federal Jurisdictionsʺ ‐‐ Nov. 5, 

Washington, D.C. 

ʺWatching the Watchdog: A Review of SIGTARPʹs First Year and Beyondʺ – Dec. 3, New 

York, NY 

ʺUnder the Microscope: Increased Fraud Enforcement in the Medical Device Industryʺ‐‐ Dec. 

3, Philadelphia, PA 

“Enforcement Trends in Securities & Commodities Actions 2010” – Jan. 13, Washington, D.C. 

“White Collar Crime ‐ 2010 Annual Update and Trends” with the State Bar of Arizona – Jan. 21. 

“The Inside Scoop on Insider Trading Cases” with The Bar Association of San Francisco – Feb. 

10, San Francisco, CA 

“Securities Enforcement and Litigation: 2009 Recap and 2010 Predictions” – Feb. 11, Chicago, 

IL 

““Emerging Issues Within Florida White Collar Criminal Practice” – Feb. 17, teleconference 

“24 th Annual National Institute on White Collar Crime” – March 24‐26, Miami, Fla. 

“What Every In‐House Counsel and The Law Firms Who Represent Them Need to Know About 

E‐Discovery” – April 7, New York City 


“How To Survive a Criminal Tax Investigation” – April 15, Pittsburgh, PA. 

“Meet the New U.S. Attorney for the District of Columbia: A Program with Ronald C. 

Machen Jr. and his Staff” – April 22, Washington, D.C. 

“A Reception With the New Interim U.S. Attorney Angel Moreno” – April 22, Houston, TX. 

2nd Annual National Institute on Internal Corporate Investigations and In‐House Counsel – 

May 5‐7, Washington, D.C. 

20 th Annual National Institute on Healthcare Fraud – May 12‐14, Miami, Fla. 

“White Collar Crime Roundtable With U.S. Attorney Dennis K. Burke” – May 24, Phoenix, AZ 

“Prosecuting Fraud and Corruption: The Enforcement Priorities of the United States 

Attorney’s Office” – May 26, Los Angeles, CA 

National Institute on Civil False Claims Act & Qui Tam Enforcement – June 2‐4, Washington, 

D.C. 

“Forensic Accounting: Emerging Issues and Trends” – June 4, New York City 

“Changing the Healthcare Compliance Playing Field: The Responsible Corporate Officer 

Doctrine and Its Impact on Internal Investigations” – June 10, Chicago, IL 

Lanny Breuer, assistant attorney general for the criminal division at the Justice Department, gave an informative 

keynote address at the 24 th Annual National Institute on White Collar Crime, detailing how the division is deploying 

new measures and tools, often previously unused in white collar crime cases, to combat financial fraud. 

CRIMINAL JUSTICE STANDARDS COMMITTEE 

Chair: Martin Marcus 

During Association Year 2009‐2010, the Criminal Justice Section Council and then the ABA 

House of Delegates approved a comprehensive set of Treatment of Prisoners Standards. Proposed 

Standards on the Prosecution Function and Government Access to Records were the subject of 

discussion at one or more of the Standards Committee’s four day‐and‐a‐half to two‐day 

meetings during the year. Three Task Forces – the Diversion and Specialized Court Task Force 

and the Post‐Conviction Remedies Task Force, as well as the Task Force on Government Access 


to Records ‐‐ held final meetings. A new Task Force on Fair Trial and Free Press held its first 

meeting. 

Treatment of Prisoners. Legal Status of Prisoners Task Force [Margaret Love, Chair; Margo 

Schlanger, Reporter] 

Proposed Standards on Treatment of Prisoners underwent their second reading by the 

Criminal Justice Section Council in November 2009, and were submitted to and approved by 

the ABA House of Delegates in February 2010. The Standards supplant the previous Legal 

Status of Prisoner Standards and several of the Mental Health Standards. Extensive commentary to 

be published along with the “black letter” has been written and is expected to be considered by 

the Standards Committee in the coming year. 

Prosecution and Defense Function. Prosecution/Defense Function Task Force [Judge John 

Tunheim, Chair; Prof. Rory Little, Reporter] 

Proposed revisions to the Prosecution and Defense Function Standards were forwarded to 

the Standards Committee toward the end of the last Association Year. To date, the first of these 

two “companion” volumes has been the primary subject of six Standards Committee meetings. 

During the coming Association Year, the Committee plans to complete its review of both 

volumes including, where appropriate, parallel provisions. 

Government Access to Records. Transaction Surveillance Task Force [Judge Michael Bender, Chair; 

Prof. Stephen Henderson, Reporter] 

This Task Force (renamed “Government Access to Records” to reflect the Standards as 

they were being developed) met for the eighth and final time in October 2009. In March 2010, 

the proposed draft Standards were transmitted to the Standards Committee, along with a 

dissent from two Task Force members. The Committee discussed the implications of the dissent 

and the possibility of revisions to reflect a consensus at a meeting in June. It will again take up 

this matter in September of the coming Association year. 

Diversion and Specialized Courts. Diversion and Special Courts Task Force [Judge Irma Raker, 

Chair; Prof. Walter Dickey, Reporter] 

The Diversion and Special Courts Task Force held its final meeting in July 2009. Two sets 

of Standards from this group – one on Diversion and the other on Specialized Courts – together 

with a background report are ready for transmittal to the Standards Committee. 

Post‐Conviction Remedies. The Post‐Conviction Remedies Task Force [Robert Johnson, Chair. Prof. 

Larry Yackle, Reporter] 

The Post‐Conviction Remedies Task Force met twice during the year, with its fourth and 

final meeting in February 2010. The proposed revisions to the 2 nd edition Standards and a 

transmittal memorandum are ready to be sent to the Standards Committee. 

Fair Trial and Free Press. The Fair Trial and Free Press Task Force [Ronald Goldstock, Chair; Jessica 

Roth, Reporter] 

This new Task Force will propose revisions to the 3d edition Fair Trial and Free Press 

Standards approved in 1991. Proposed revisions are expected to address technological, legal, 

privacy, and security issues and concerns that have emerged over the past two decades. The 

Task Force held its first meeting in June 2010. 


Juvenile Justice. The Juvenile Justice Task Force [Judge Ernestine Gray, Chair; Kristin Henning, 

Reporter] 

This task force is addressing the interaction between the juvenile justice system and 

other systems that provide youth services, such as education, welfare, foster care and health 

care. It met in December 2009 and again in June 2010. While a project of the Juvenile Justice 

Committee (rather than the Criminal Justice Standards Committee), the Task Force will bring its 

proposed Standards to the Standards Committee for review prior to submission to the Council 

and House of Delegates. 

Supreme Court Notice of the Standards 

The Standards were cited in three Supreme Court decisions during the Association Year: Bobby 

v. Van Hook, decided in November 2009 (citing the Defense Function Standards); Padilla v. 

Kentucky, decided in March 2010 (citing the Defense Function and Guilty Plea standards), and 

Renico v. Lett, decided in May 2010 (citing the Discovery and Trial by Jury Standards). 

Standards in Law Journals 

The “black letter” Prosecutorial Investigation Standards, approved by the ABA House of Delegates 

in February 2008 were published in the Ohio State Journal of Criminal Law. See: 7 Ohio St. J. 

Crim. L. 685, 694 (2010). Georgetown University’s American Criminal Law Reporter plans to 

publish the “black letter” Treatment of Prisoner Standards (see above) in December 2010. 

Standards’ Roundtables 

Section Chair‐Elect Bruce Green is organizing a series of small, invitational roundtable 

discussions of prosecutor and defender conduct, based on revisions proposed to the Standards 

Committee by its Task Force on the Prosecution and Defense Function. Local prosecutors, 

defense lawyers, judges and law professors will participate in the discussions, which will be 

hosted and co‐sponsored by law schools around the country. The discussions will benefit from 

articles prepared in advance on specific topics by academics. While not a formal project of the 

Standards Committee, the Committee will have a representative at some of the sessions. 

Standards Committee Members 

The Standards Committee lost several valuable members during the course of the year, but for 

good reasons. Judge Richard Callahan was confirmed as U.S. Attorney for the Eastern District 

of Missouri; James Cole was nominated as Deputy Attorney General of the United States, and 

Robert McWhirter will be in El Salvador for the next two years working on judicial reform in 

that country. 


Top 5 Committees with Most Email 

DIVISION REPORTS (CHARTS) 

1. Criminal Justice Magazine Editorial Board 

2. Juvenile Justice 

3. Book Board 

4. Sentencing 

5. Corrections 

Top 5 Committees with Most Committee Page Hits 

1. Juvenile Justice 

2. White Collar Crime 

3. Criminal Procedure, Evidence and Police Practices 

4. Racial & Ethnic Justice & Diversity 

5. Alternative Dispute Resolution & Restorative Justice 

Equal Justice Division 

Executive Directors: Patricia Gatling and Ernestine Gray 

Number of Substantive Committee Related Emails 

Equal 

Justice 

Division 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Total 

Juvenile 

Justice 16 7 16 25 9 20 16 21 15 13 12 11 181 

Military 

Justice 0 0 1 2 0 0 0 0 4 0 2 1 10 

Problems 

of the 

Elderly 3 0 1 3 2 0 0 0 0 0 0 0 9 

Racial & 

Ethnic 

Justice & 

Diversity 4 2 2 5 0 4 0 2 2 0 1 0 22 

Victims 2 3 1 7 0 5 4 5 5 6 4 2 44 

Women in 

Criminal 

Justice 

0 0 1 2 0 2 1 1 0 0 0 0 7 



CLE 

Date Committee Name Program Title 

07/30/09 Victims Child Victim Attorney Training 

07/30/09 Juvenile Justice A Life Sentence Inside and Outside the 

Justice Systems 

09/18/09 Juvenile Justice Youth Court Public Defender Training 

Conference 

10/7/09 Juvenile Justice Advocacy, Legal Community, and 

Harvard Professor Charles Ogletree for a 

Networking Reception 

06/17/2010 Juvenile Justice Juvenile mediation in criminal matters 

No programs as of 06/30/2010 

Military Justice; Problems of the Elderly; 

Racial & Ethnic Justice & Diversity; 

Women in Criminal Justice 


POLICY from July 2009 to June 2010 

Date Committee Policy Title 

8/09 Juvenile Justice Collateral Consequences for Juveniles 

09/09 Women in Criminal Justice Impact of Incarceration on the Mother- 

Child Relationship 


Need for Legal Services for Prisoners on 

Family Law Issues 


Alternatives to Incarceration for Pregnant 

or New Mothers 

04/2010 Juvenile Justice Privatization of Juvenile Detention 

No policy as of 6/30/2010 

Military Justice; Problems of the Elderly; 

Racial & Ethnic Justice & Diversity; 

Victims 

# of Committee Members from July 2009 through June 2010 



Equal 

Justice 

Division 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Juvenile 

Justice 141 145 154 155 158 160 164 167 168 170 198 202 

Military 

Justice 152 153 152 150 152 153 154 153 154 156 159 160 

Problems 

of the 

Elderly 53 53 82 57 57 58 60 59 59 61 62 63 

Racial 

& Ethnic 

Justice & 

Diversity 100 103 98 100 102 102 104 106 108 111 115 119 

Victims 47 49 95 53 55 56 64 65 67 67 72 72 

Women 

in 

Criminal 

Justice 179 164 171 172 173 175 178 179 181 187 190 193 

*** This chart doesn’t reflect ABA Members that were dropped for the year. 



Newsletters 

Date Committee Title 

03/2010 Juvenile Justice Juvenile Justice E-Newsletter 

Number of Substantive Committee Page Hits 

Equal 

Justice 

Division 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Total 

Juvenile 

Justice 1147 0 1240 1360 0 1100 1182 1297 22 0 109 0 7457 

Military 

Justice 18 12 17 27 0 18 24 15 1 0 0 0 132 

Problems of 

the Elderly 

22 5 9 12 6 11 26 15 0 0 0 0 106 

Racial & 

Ethnic 

Justice & 

Diversity 

94 84 53 83 75 83 134 118 0 0 0 0 724 

Victims 36 67 47 65 23 68 68 32 0 0 3 0 409 

Women in 

Criminal 

Justice 

39 38 49 55 28 40 50 58 0 0 0 

ABA Criminal Justice Section Annual Report 2009-2010 50 

0 

357

Corrections and Sentencing Division Reports 

Executive Directors: Dino Amoroso and Martin Horn 


Corrections and 

Sentencing 

Division 

July 

2009 

Aug 

2009 

Sept 

2009 

Alternative Dispute 

Resolution and 

Restorative Justice 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Total 

0 0 2 0 0 0 0 0 0 1 0 0 3 

Alternatives to 

Incarceration and 

Diversion 1 2 2 2 1 2 0 0 3 0 1 1 12 

Corrections 2 6 5 10 4 11 3 2 12 10 6 3 74 

Parole & Probation 

0 0 5 7 0 0 2 2 8 0 1 0 25 

Re-Entry & 

Collateral 

Consequences 6 3 3 3 3 5 5 2 11 6 5 4 56 

Sentencing 19 3 2 16 4 5 7 2 17 6 3 5 89 



CLE 


11/5/09 Reentry Reentry Summit 

11/6/09 Sentencing 2 nd Annual Sentencing Advocacy, Practice 

and Reform Institute 

4/28/2010 Corrections Equal Justice, Unequal Results: Security 

Classification of Incarcerated Women 

06/17/2010 Alternative Dispute Resolution & 



Alternative to Incarceration and 

Diversion, Parole & Probation 

How to Set up and Run a Criminal 

Mediation Program 




Corrections & 

Sentencing Division 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Alternative Dispute 



102 103 105 106 107 108 109 109 111 111 112 116 



Diversion 42 43 34 37 39 37 41 42 43 44 46 49 

Corrections 125 128 126 125 125 126 126 126 128 130 130 132 

Parole & Probation 

1 3 4 4 5 16 21 27 29 31 32 34 

Re-Entry & Collateral 

Consequences 

127 128 118 118 120 120 120 120 122 123 124 128 

Sentencing 161 168 168 170 171 175 176 175 178 183 184 186 






Date Committee Program Title 

None as of 6/30/2010 

Alternative Dispute Resolution & 

Restorative Justice, Alternative to 

Incarceration and Diversion, Probation & 

Parole, Reentry & Sentencing 

04/2010 Corrections Privatization of Juvenile Detention 




Corrections & 

Sentencing 

Division 

Alternative 

Dispute 


Restorative 

Justice 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

72 64 76 95 66 90 104 106 3 0 0 0 676 

Total 



Diversion 25 14 18 16 12 14 23 15 0 0 0 0 137 

Corrections 

22 29 28 32 29 21 31 18 0 0 0 0 210 

Parole & 

Probation 

Re-Entry & 

Collateral 

Consequences 

0 0 0 14 11 70 46 16 0 0 0 0 157 

41 51 53 66 63 32 47 46 3 0 4 0 406 

Sentencing 32 19 33 23 20 23 25 12 0 0 0 0 187 

Specialized Practice Division Reports 

Executive Directors: Cheryl Jacobs and Bruce Zagaris 


Specialized 

Practice 

Division 

Reports 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Total 

Amicus 

Practice 

Committee 

n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 

Appellate and 

Habeas 

Committee 0 0 0 0 0 0 0 0 0 0 0 0 0 

Cyber Crime 

Committee 

1 0 0 2 0 0 2 0 0 0 0 0 5 

Homeland 

Security 

Committee 5 0 1 2 2 2 2 1 1 0 0 2 17 

Immigration 

Committee 4 9 2 7 1 2 1 0 0 1 0 0 27 

International 

Committee 0 0 1 0 1 0 0 2 0 0 1 2 7 




CLE 


02/05/2010 Immigration Committee Prosecuting and Defending Immigration- 

Based Criminal Offenses: What 

Prosecutors and Defense Attorneys 

Should Know 


Amicus Practice Committee; Appellate & 

Habeas; Cyber Crime; Homeland 

Security; International 

No Programs 




Specialized 

Practice 

Division Reports 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Amicus Practice 

Committee n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 

Appellate and 

Habeas 

Committee 

60 62 58 61 61 63 70 71 73 77 81 83 

Cyber Crime 

Committee 

Homeland 

Security 

Committee 

Immigration 

Committee 

International 

Committee 

87 89 87 89 90 90 92 92 94 94 96 97 

69 72 72 75 77 77 79 82 85 86 89 89 

46 51 44 44 44 45 59 62 66 68 71 73 

146 150 146 145 146 147 153 156 158 159 160 161 






08/2010 Immigration Committee Funding for Indigent Defendant 

Immigration Advice 


Amicus Practice Committee; Appellate & 

Habeas; Cyber Crime; Homeland 

Security; International; International 





Specialized 

Practice Division 

Reports 

Amicus Practice 

Committee 

Appellate and 

Habeas Committee 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

17 10 8 5 5 0 13 0 0 0 0 0 58 

0 3 8 11 9 9 30 10 0 0 0 0 80 

Total 

Cyber Crime 

Committee 25 18 28 21 8 23 50 31 0 0 0 0 204 

Homeland 

Security 

18 16 9 14 9 12 28 6 0 0 0 0 112 

Committee 

Immigration 

Committee 20 24 29 32 11 28 61 28 0 0 0 0 233 

International 

Committee 19 20 19 13 10 12 26 7 0 0 0 0 100 

Professional Development Division Reports 

Executive Director: Vincent Aprile and Barbara Berman 


Professional 

Development Division 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Total 

Academics 0 2 1 3 0 0 0 1 1 1 1 0 10 

CLE Board 0 0 0 0 0 11 0 0 0 0 0 0 11 

Criminal Procedure 

Evidence, and Police 

Practices 

0 1 2 5 4 3 2 0 2 2 1 0 22 

Innocence 0 0 1 0 0 0 1 1 0 0 0 0 3 

Defense Function 

12 10 3 5 3 4 9 3 13 6 12 8 88 

Ethics, Gideon and 

Professionalism 

5 5 2 2 5 4 8 2 20 3 2 2 60 


5 3 3 1 4 6 8 2 7 3 6 3 52 

Past Chairs Function 

0 0 0 0 0 0 0 0 0 0 0 0 0 

Prosecution Function 

8 3 6 11 0 0 4 6 5 3 6 3 55 

Science & Technology 

3 1 0 1 0 1 1 1 0 1 1 0 10 



Executive Directors: Vincent Aprile and Barbara Berman 

CLE 


CLE Board 

06/04/2010 Science Technology & Forensics; Defense 

Function; Judicial Function; Prosecution 

Function 


Academics; Criminal Procedure Evidence 

and Police Practices; Innocence; Ethics, 

Gideon and Professionalism; Past Chairs 

Function; 

The CLE Board is responsible for all 

sections CLE During this period we did 

13 programs. They are reported on other 

parts of the reports 

Prescriptions for Criminal Justice 

Forensics 

Newsletters 

Date Committee Title 

03/2010 Prosecution Function Prosecution Function Newsletter 

POLICY from July 2009 to Nov 2009 


08/2009 Defense Function Misdemeanor Prosecutions 

08/2009, 04/2010 Ethics, Gideon & Professionalism Transparency of the DOJ Office of 

Professionalism Responsibility 

09/2009, 04/2010, 08/2010 Science Technology & Forensics National Academy of Science Report on 

Forensic Science 

10/2009 Science Technology & Forensics Standardized Miranda Warnings for 

Juvenile Justice Arrestees 

08/2009, 04/2010, 8/2010 Prosecution Function & Ethics, Gideon & Attorney Error v. Attorney “Misconduct” 

Professionalism ; Defense Function; 


08/2009 Judicial Function Judicial Role in Avoiding Wrongful 

Convictions 

04/2010 Ethics, Gideon & Professionalism Proposed Revision to MR 1.6 

04/2010 Ethics, Gideon & Professionalism Disclosure Obligations 

08/2010 Ethics, Gideon & Professionalism Department of Justice Office of 

Professional Responsibility 

08/2010 Defense Function Funding for Indigent Defendant 

Immigration Advice 


Academics; Criminal Procedure Evidence 

& Police Practices; Innocence; Past Chairs 

Function; 




Development 

Division 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 



Nov 

2009 

Academics 18 20 25 25 25 26 31 32 34 324 324 326 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

CLE Board n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 


Evidence, & Police 

Practices 

217 224 190 197 200 205 210 216 223 229 233 239 

Innocence 63 65 67 73 98 77 77 77 78 79 79 87 


144 148 151 153 153 156 160 162 163 165 166 168 

Ethics, Gideon & 

Professionalism 

88 89 114 92 95 98 98 98 100 101 102 104 


242 242 243 243 306 242 242 243 244 242 246 248 

Past Chairs 

Function n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 

Prosecution 

Function 146 152 156 159 161 165 166 170 171 172 175 175 

Science Technology 

& Forensics 

36 38 40 42 43 43 83 95 96 97 98 100 




Development 

Division 

Academics 

CLE Board 

July 

2009 

Aug 

2009 



Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

43 16 12 13 13 0 74 10 0 0 0 0 181 

13 10 14 12 6 0 13 4 0 0 0 0 72 


Evidence, and Police 

Practices 98 79 107 112 53 102 110 83 2 0 0 0 746 

Innocence 22 12 13 21 7 20 34 21 0 0 0 0 150 

Defense Function 28 17 16 28 7 13 24 17 0 0 0 0 150 

Ethics, Gideon and 

Professionalism 34 52 39 33 33 48 42 39 0 0 0 0 234 

Judicial Function 13 20 17 15 9 16 0 0 0 0 0 0 0 

Past Chairs 

Function 0 0 0 0 0 0 11 18 0 0 0 0 29 

Prosecution 

Function 31 23 32 19 14 23 35 15 0 0 0 0 192 

Science 

Technology & 

Forensics 

20 14 0 11 5 13 131 42 0 0 0 0 236 

Total 



Communications, 

Membership and 

Services Division 

July 

2009 

Aug 

2009 

Communications, Membership and Services Division Reports 

Executive Directors: Mathias Heck and Nina Marino 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Book Board 0 15 20 16 14 6 18 3 16 25 12 12 157 

Criminal Justice 

Magazine Editorial 

Board 52 54 9 12 9 40 49 6 63 66 53 70 483 

Criminal Practice, 

Management/Solo & 

Small Firm 6 0 1 2 1 0 0 0 0 0 0 0 10 


Awards & 

Membership 0 0 0 0 0 0 0 0 0 0 0 0 0 

Law Student Activities 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

0 0 0 0 0 0 0 0 0 0 0 0 0 

Total 

Legislative and 

Policy 2 1 2 1 0 2 0 0 0 1 2 0 11 

Long Range 

Planning Committee 

1 0 0 0 0 0 0 0 0 0 0 0 1 



CLE 



Criminal Practice Management/Solo & 

Small Firm; Book Board; Criminal 

Justice Magazine Editorial Board; 

Communications, Awards and 

Membership; Law Student Activities; 

Legislative & Policy; Long Range 

Planning 

No programs 





Development Division 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Book Board n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 

Criminal Justice Magazine 

Editorial Board n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 

Criminal Practice 

Management/Solo & Small 60 63 66 67 66 68 68 70 72 74 76 80 

Firm 

Communications, Awards 

& Membership n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 

Law Student Activities 

244 248 255 258 261 263 266 270 271 271 271 273 

Legislative & Policy 

23 23 23 25 26 29 32 32 34 36 39 42 

Long Range Planning 

Committee n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 







Membership and 

Services Division 

Book Board 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

15 5 14 12 8 10 15 5 0 0 0 0 84 

Total 


Magazine Editorial 

Board 11 10 16 14 6 0 24 0 0 0 0 0 81 

Criminal Practice, 

Management/Solo & 

Small Firm 24 11 15 18 10 16 19 10 0 0 0 0 123 


Awards & 

Membership 10 14 0 8 4 0 11 4 0 0 0 0 50 

Law Student 

Activities 14 9 9 22 6 0 20 9 0 0 0 0 89 

Legislative and 

Policy 32 9 19 17 12 15 27 7 0 0 0 0 138 

Long Range Planning 

Committee 

0 0 0 0 0 0 0 0 0 0 0 0 0 


White 

Collar 

Crime 

Division 

July 

2009 

Aug 

2009 

Sept 

2009 

White Collar Crime Division Reports 

Executive Directors: James Cole and Janet Levine 

Oct 

2009 

Nov 

2009 

Dec 

2009 

White Collar 

Crime 5 4 1 2 2 3 5 4 1 5 0 6 38 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Total 

CLE 


9/17/09 White Collar Crime Foreign Evidence: Collecting and 

Protecting It 

10/15/09 White Collar Crime "Cybercrime, Data Breaches and Red 

Flags: The Next Wave 

10/15-16/09 White Collar Crime The Fourth Annual National Institute on 

Securities Fraud 

10/27/09 White Collar Crime “The Informant!”: A Panel Discussion 

11/05/09 White Collar Crime “Town Hall Meeting: Brady Practices in 

State and Federal Jurisdictions” -- 

12/3/09 White Collar Crime “Watching the Watchdog: A Review of 

SIGTARP’s First Year and Beyond” 

12/03/09 White Collar Crime “Under the Microscope: Increased Fraud 

Enforcement in the Medical Device 

Industry” 

1/13/2010 White Collar Crime Enforcement Trends in Securities & 

Commodities Actions 2010 

1/21/2010 White Collar Crime White Collar Crime - 2010 Annual 

Update and Trends with the State Bar of 

Arizona – 

02/11/2010 White Collar Crime Securities Enforcement and Litigation: 

2009 Recap and 2010 Predictions 

2/18/2010 White Collar Crime Crimes or Misdemeanors: Assessing and 

Addressing the Increasing Risks of 

Corporate Criminal Exposure” 


02/24-27/2010 White Collar Crime 24 th Annual White Collar Crime 

Conference 

04/07/2010 White Collar Crime “What Every In-House Counsel and 

The Law Firms Who Represent Them 

Need to Know About E-Discovery 

After “Zubalake Revisited: Pension 

Committee and the Duty to Preserve” 

04/15/2010 White Collar Crime "How To Survive a Criminal Tax 

Investigation" 

04/22/2010 White Collar Crime “Meet The New D.C. United States 

Attorney: A Program With Ronald C. 

Machen Jr.” 

4/22/2010 White Collar Crime Reception with the new Interim US 

Attorney Angel Moreno 

05/07/2010 White Collar Crime Internal Corporate Investigations and 

Forum for In-House Counsel 2010 

05/24/2010 White Collar Crime “White Collar Crime Roundtable With 

U.S. Attorney Dennis K. Burke 

5/26/2010 White Collar Crime Prosecuting Fraud & Corruption: The 

Enforcement Priorities of the US 

Attorney's Office 

06/04/2010 White Collar Crime Civil False Claims Act and Qui Tam 

Enforcement 2010 

06/10/2010 White Collar Crime “Changing the Healthcare Compliance 

Playing Field: The Responsible Corporate 

Officer Doctrine and Its Impact on 

Internal Investigation 

POLICY from July 2009 to Nov 2009 



White Collar Crime 


White Collar 

Crime Divisions 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

Total 

White Collar 

Crime 216 172 295 302 227 402 960 952 4 4 0 0 3534 


White Collar 

Crime Divisions 

July 

2009 

August 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2010 

White Collar 

Crime 1117 1126 1131 1128 1137 1144 1149 1157 1165 1165 1168 1178 

Criminal Justice Standards 



Criminal Justice Standards 

105 D (Prosecutorial Investigation 

Standards) 

08/2009 Criminal Justice Standards Treatment of Prisoners 



Standards 

July 

2009 

Aug 

2009 

Sept 

2009 

Oct 

2009 

Nov 

2009 

Dec 

2009 

Jan 

2010 

Feb 

2010 

March 

2010 

April 

2010 

May 

2010 

June 

2001 

Total 


Standards 36 51 60 109 36 60 72 70 0 0 0 0 495 


IX. SECTION LEADERSHIP ROSTER 

Section Officers and Council Members 

OFFICERS: 

(term expires) 

CHAIR 2010 Charles Joseph Hynes, Brooklyn, NY 

CHAIR-ELECT 2010 Bruce Green, New York, NY 

FIRST VICE CHAIR 2010 James Cole, Washington, DC 

DELEGATES 2012 Stephen A. Saltzburg, Washington, DC 

2011 William Shepherd, W. Palm Beach, FL 

BUDGET OFFICER 2012 Ronald Goldstock, Larchmont, NY 

FIVE VICE CHAIRS AT LARGE 2010 Dino Amoroso, Hempstead, NY 

2010 J. Vincent Aprile II, Louisville, KY 

2010 Ernestine Gray, New Orleans, LA 

2010 Cheryl Kelley Jacobs, Baltimore, MD 

2010 Nina Marino, Los Angeles, CA 

LAST RETIRING CHAIR: 2010 Anthony Joseph, Birmingham, AL 

BOARD OF GOVERNORS LIAISON: 2010 Neal Sonnett, Miami, FL 

COUNCIL MEMBERS: 

ADVISOR TO COUNCIL 

SPECIAL ADVISOR FOR REENTRY AND 

ALTERNATIVES TO INCARCERATION 

(Young Lawyers) 2010 

2010 Lynn Branham, St. Louis, MO 

2010 Christopher Chiles, Huntington, WV 

Sara Dill, Chicago, IL 

2010 Roger Fairfax, Washington, DC 

2011 James Felman, Tampa, FL 

(NDAA) 

(NACDL) 

(Fed. P.D.) 

(NLADA) 

William Fitzpatrick, Syracuse, NY 

2011 Jan Handzlik, Los Angeles, CA 

2011 Kamala Harris, San Francisco, CA 

2012 Mathias Heck, Jr, Dayton, OH 

2010 Cynthia Hujar Orr, San Antonio, TX 


Albert Joseph Krieger, Coral Gables, FL 

2012 Janet Levine, Los Angeles, CA 

Terence MacCarthy, Chicago, IL 

2012 Joshua K. Marquis, Astoria, OR 

2011 Theodore McKee, Philadelphia, PA 

2012 Luz Nagle, Saint Petersburg, FL 

2011 Matthew Redle, Sheridan, WY 

2012 Andrew Taslitz, Washington, DC 

2010 Gary Walker, Marquette, MI 

(DOJ) 

(Law Student Rep.) 

(NAAG) 

Matthew Axelrod, Washington, DC 

Caitlin Fitzgerald, Chicago, IL 

Catherine Cortez Masto, Carson City, NV 

Douglas Burris, St. Louis, MO 

Donald Santarelli, Washington, DC

SPECIAL ADVISOR TO THE COUNCIL ON ISSUES 

OF PREVENTION AND VICTIM’S RIGHTS 

Katherine Fernandez Rundle, Miami, FL 

PAST CHAIRS: 

LIAISONS TO: 

ABA Business Law Section 

ABA Commission on Immigration 

ABA Commission on Youth at Risk 

ABA Committee on Disaster Response and Readiness 

ABA Coordinating Committee on AIDS 

ABA Judicial Division 

ABA Section of Dispute Resolution 

ABA Section of Taxation 

ABA Special Committee on Death Penalty Representation 

Anthony Joseph, Birmingham, AL 

Catherine Anderson, Sanibel, FL 

Sylvia Bacon, Washington, DC 

Michael Bender, Denver, CO 

William Erickson, Englewood, CO 

Robert Ervin, Tallahassee, FL 

Ronald Goldstock, Larchmont, NY 

John Greacen, Regina, NM 

Paul Johnson, Tampa, FL 

Robert Johnson, Anoka, MN 

Tom Karas, Phoenix, AZ 

Sheldon Krantz, Washington, DC 

Albert Krieger, Coral Gables, FL 

Richard Kuh, New York, NY 

Norman Leftstein, Indiainpolis, IN 

Bruce Lyons, Ft. Lauderdale, FL 


Ralph Martin II, Boston, MA 

E. Michael McCann, Milwaukee, WI 

Herbert Miller, Reston, VA 

Keith Mossman, Vinton, IA 

Cara Lee Neville, Minneapolis, MN 

Michael Pasano, Miami, FL 

Myrna Raeder, Los Angeles, CA 

Stephen Saltzburg, Washington DC 

Ronald Smith, Chicago, IL 

Andrew Sonner, Rockville, MD 

Neal Sonnett, Miami, FL 

Randolph Stone, Chicago, IL 

William Taylor III, Washington, DC 

Marvin Pickholz, New York, NY 

Robert McWhirter, Phoenix, AZ 

Robert Schwartz, Philadelphia, PA 

Mary Boland, Chicago, IL 

Richard Andrias, New York, NY 

Irma Raker, Rockville, MD 

Karen Gopee, Brooklyn, NY 

Justin Thornton, Washington, DC 



ABA Task Force on Attorney-Client Privilege 

ABA Young Lawyers Division 

Adult Collateral Consquences 

American Correctional Association Commission on Accreditation for 

Correction 

American Law Institute Model Penal Code Revision Sentencing Project 

Anti-Money Laundering Conference Planning Committee 

Commission on the American Jury Project 

FJE Ambassador 

Hispanic National Bar Association 

International Law 

Bruce Green, New York, NY 

Jan Handzlik, Los Angeles, CA 

Stephen Saltzburg, Washington, DC 

Neal Sonnett, Miami, FL 

Andrew Simmons Feldman, Miami, FL 

Vanessa Antoun, Washington, DC 

Jennifer Bechtel, Alexandria VA 

Laurie Bright, Washington, DC 

Rich Cassidy, Burlington, VT 

Jack Chin, Tucson, AZ 

Michael Costello, Newburyport, MA 

James Felman, Tampa FL 

April Frazier, Washington, DC 

Susan Gaertner, Saint Paul, MN 

Heather Hammer, Philadelphia, PA 

Timothy Hedeen, Kennesaw, GA 

Charles Hynes, Brooklyn, NY 


Roberta Meyers-Peeples, New York, NY 

Theodore McKee, Philadelphia, PA 

Nigel Roberts, Hudson, NH 


J. McGregor Smyth, Bronx, NY 

Jeremy Travis, New York, NY 

David Tucker, Philadelphia, PA 

Jo-Ann Wallace, Washington, DC 

Bruce Western, Cambridge, MA 

Martin, Horn, New York, NY 

James Felman, Tampa, FL 

Peter Djinis, Sarosota, FL 

Gordon Greenberg, Los Angeles, CA 

Ezra Levine, Chevy Chase, MD 

Martin Lybecker, Washington, DC 

Wilmer “Buddy” Parker, Atlanta, GA 

Amy Rudnick, Washington, DC 

Steve Wisotsky, Davie, FL 

Bruce Zagaris, Washington, DC 

David Zinn, Washington, DC 

James Holderman, Chicago, IL 

Michael Moore, Huron, SD 


Pauline Weaver, Oakland, CA 

William Shepherd, W. Palm Beach, FL 

Hugo Rodriguez, Fort Lauderdale, FL 



Legal Technology Resource Center 

National Association of Criminal Defense Lawyers 

National Association of Criminal Defense Lawyers White Collar Crime Project 

National College of District Attorneys 

National Commission on Correctional Health Care 

National Criminal Justice Trial Advocacy Competition 

NCCUSL Drafting Committee on Electronic Recordation of Custodial 

Interrogation. 

David Goldstone, Boston, MA 

Blair Brown, Washington, DC 

David Seide, Washington, DC 

Mary Harkenrider, Chicago, IL 


Patricia Blair, Tyler, TX 

Ronald Smith, Chicago, IL 

ABA Rep: Paul Giannelli, Cleveland, OH 

Prosecutor: Ann Swern, Brooklyn, NY 

Reporter: Andrew Taslitz, Washington, 

DC 

NCCUSL Project on Uniform Law on Collateral Consequences of Conviction 


Margaret Love, Washington, DC 

SOC/CPR Joint Committee on Professionalism & Ethics 

Ellen Yaroshefsky, New York, NY 

Unified Family Courts Coordinating Council 

Robert Schwartz, Philadelphia, PA 

CRIMINAL JUSTICE STANDARDS COMMITTEE Chair: Martin Marcus, Bronx, NY 

EQUAL JUSTICE DIVISION Executive Directors: Patricia Gatling, New York, NY 

Ernestine Gray, New Orleans, LA 

JUVENILE JUSTICE COMMITTEE Co-Chairs: Charles Ogletree, Cambridge, MA 

Kathryn Richtman, Saint Paul, MN 

Lawrence Wojcik, Chicago, IL 

MILITARY JUSTICE COMMITTEE Co-Chairs: Eugene Fidell, Washington, DC 


PROBLEMS OF THE ELDERLY COMMITTEE Co-Chairs: Jonathan Blodgett, Salem, MA 

Lori Levin, Chicago, IL 

Benjamin Overton, Gainesville, FL 

RACIAL & ETHNIC JUSTICE & DIVERSITY 

COMMITTEE 

Co-Chairs: 

Vice Chair: 

Erek Barron, Mitchellville, MD 

Katherine Fernandez Rundle, Miami, FL 

Wayne McKenzie, New York, NY 

Jolanta Juszkiewicz, Fairfax, VA 

VICTIMS COMMITTEE 

Co-Chairs: 

Vice Chair: 

Russell Butler, Upper Marlboro, MD 

Margaret Ann Garvin, Portland, OR 

Wanda Lucibello, Brooklyn, NY 

Angela Downes, Alexandria, VA 

WOMEN IN CRIMINAL JUSTICE COMMITTEE Co-Chairs: Jane Harris Aiken, Washington, DC 

Sarah Buel, Austin, TX 

Mary Hughes, Brooklyn, NY 

CORRECTIONS AND SENTENCING DIVISION Executive Directors: Dino Amoroso, Hempstead, NY 

Martin Horn, New York, NY 

ALTERNATIVE DISPUTE RESOLUTION AND 

RESTORATIVE JUSTICE COMMITTEE 

ALTERNATIVES TO INCARCERATION AND 

DIVERSION COMMITTEE 

Co-Chairs: 

Co-Chairs: 


Karen Gopee, Brooklyn, NY 

Marvin Johnson, Silver Spring, MD 

Kimberlee Kovach, Austin, TX 

John Creuzot, Dallas, TX 

Mathew D’Emic, Brooklyn, NY 

Anne Swern, Brooklyn, NY 

CORRECTIONS COMMITTEE Co-Chairs: Brett Dignam, New Haven, CT 

Marc Elias, Washington, DC 

Martin Horn, New York, NY

PAROLE AND PROBATION COMMITTEE Co-Chairs: Douglas Burris, Saint Louis, MO 

Jorge Montes, Chicago, IL 

RE-ENTRY & COLLATERAL CONSEQUENCES 

COMMITTEE 

SENTENCING COMMITTEE 

Co-Chairs: 

Co-Chairs: 

Vice-Chair: 

April Frazier, Washington, DC 

Lance Ogiste, Brooklyn, NY 

Bruce Western, Cambridge, MA 

Carlos Acosta, Silver Spring, MD 

Barry Boss, Washington, DC 

James Evan Felman, Tampa, FL 

Carl Reynolds, Austin, TX 

SPECIALIZED PRACTICE DIVISION Executive Directors: Cheryl Jacobs, Baltimore, MD 


AMICUS PRACTICE COMMITTEE Co-Chairs: Terence Anderson, Coral Gables, FL 

Rory Little, San Francisco, CA 

APPELLATE AND HABEAS COMMITTEE Co-Chairs: Jeffrey Green, Washington, DC 

Steven J Wisotsky, Davie, FL 

CYBER CRIME COMMITTEE Co-Chairs: David Goldstone, Boston, MA 

Christopher Painter, Washington, DC 

HOMELAND SECURITY COMMITTEE Co-Chairs: Barbara Berman, Arlington, VA 

Steven Solow, Washington, DC 

IMMIGRATION COMMITTEE 

INTERNATIONAL COMMITTEE 

Co-Chairs: 

Vice-Chair: 

Law Student liaison: 

Co-Chairs: 

Sara Dill, Chicago, IL 


Rebecca Horwitz, Austin, TX 

Suzanne Glisch, Madison, WI 

Luz Estella Nagle, St. Petersburg, FL 

Wilmer “Buddy” Parker, Atlanta, GA 

GATEKEEPER TASK FORCE SUBCOMMITTEE Chair: Edward Krauland, Washington, DC 

PROFESSIONAL DEVELOPMENT DIVISION Executive Directors: Vincent Aprile, Louisville, KY 

Barbara Berman, Arlington, VA 

ACADEMICS COMMITTEE Co-Chairs: Roger Fairfax, Washington, DC 

Cecelia Klingele, Madison, WI 

Lisa Smith, Brooklyn, NY 

CLE BOARD Chair: 2010 Jack Boese, Washington DC 

Members: 2010 Mary Boland, Chicago, IL 

2011 Maureen Essex, Baltimore, MD 

2012 Mary Galvin, Columbia, SC 

2010 Bruce Green, New York, NY 

2012 Stacy Sundstrom, St. Paul, MN 

2011 Kin Ng, Brooklyn, NY 

CRIMINAL PROCEDURE, EVIDENCE AND 

POLICE PRACTICES COMMITTEE 

INNOCENCE SUBCOMMITTEE TO ENSURE 

THE INTEGRITY OF THE CRIMINAL PROCESS 

DEFENSE FUNCTION COMMITTEE 

Co-Chair: 

Co-Chairs: 

Co-Chairs: 

Vice Chair: 

Richard Friedman, Ann Arbor, MI 

Anna-Sigga Nicolazzi, Brooklyn, NY 

Samuel Yee, New York NY 

Paul Giannelli, Cleveland, OH 


Tanisha Simon, Brooklyn, NY 

Jennifer Thompson, Nashville, TN 

Pauline Weaver, Fremont, CA 

Robert Buschel, Ft. Lauderdale, FL 

SUBCOMMITTEE ON HABEAS REFORM Chair: Karyl Krug, Austin, TX 

SUBCOMMITTEE ON PUBLIC DEFENSE Chair: Crystal Roland, Miami, FL 


ETHICS, GIDEON AND PROFESSIONALISM 

COMMITTEE 

Co-Chairs: 

Lohra Miller, Salt Lake City, UT 

Peter Joy, Saint Louis, MO 

Ellen Yaroshefsky, New York, NY 

JUDICIAL FUNCTION COMMITTEE Co-Chairs: Barry Kamins, New York, NY 

Theodore McKee, Philadelphia, PA 

Eunhae Park, San Jose, CA 

PAST CHAIRS FUNCTION COMMITTEE Chair: Anthony Joseph, Birmingham, AL 

PROSECUTION FUNCTION COMMITTEE Co-Chairs: M. David Barber, Birmingham, AL 

Michael Moore, Huron, SD 

Richard Wintory, Tucson, AZ 

SCIENCE TECHNOLOGY AND FORENSICS 

COMMITTEE 

Co-Chairs: William Fitzpatrick, Syracuse, NY 

Barry Scheck, New York, NY 

COMMUNICATION, MEMBERSHIP AND 

SERVICES DIVISION 

Executive Directors: Mathias Heck, Dayton, OH 

Nina Marino, Los Angeles, CA 

BOOK BOARD Chair: 2011 Andrew Taslitz, Washington, DC 

Members: 2010 Gary Collins, Stamford, CT 

2011 George Donnini, Detroit, MI 

2010 Carol Freeman, Potomac, MD 

2010 Ellyn Garofalo, Los Angeles, CA 

2011 Jack Selden, Birmingham, AL 

2012 Sharon Rubinstein, Baltimore, MD 

2012 Robert Del Tufo, New York, NY 

2012 Michael Wims, Murray, UT 

CRIMINAL JUSTICE MAGAZINE EDITORIAL 

BOARD 

CRIMINAL PRACTICE MANAGEMENT/SOLO 

& SMALL FIRM COMMITTEE 

Chair: 

Vice-Chair: 

Members: 

Co-Chairs: 

Richard Ginkowski, Kenosha, WI 

J. Vincent Aprile II, Louisville, KY 

Hon. Arthur Burnett, Sr, Washington, DC 

Paul Giannelli, Cleveland, OH 

Benjamin Gluck, Los Angeles, CA 

I. Matthew Campbell Jr, Rockville, MD 

Sheila Murphy, Chicago, IL 


David Roth, Birmingham, AL 

Sherri Schornstein, Washington, DC 

Andrew Taslitz, Washington, DC 

Anthony Colleluori, Woodbury, NY 

Danny Ferreira, New York, NY 

COMMUNICATIONS, AWARDS AND 

MEMBERSHIP COMMITTEE 

Co-Chairs: 

Sidney Butcher, Bowie, MD 

Judith Friedman, Washington, DC 

Michael Hamden, Chapel Hill, NC 

Kurt Stitcher, Chicago, IL 

LAW STUDENT ACTIVITIES COMMITTEE Co-Chairs: Brice Aikens, Orlando, FL 

Amanda Deatherage, Washington, DC 

Cynthia Jones, Vero Beach, FL 

LEGISLATIVE AND POLICY COMMITTEE Co-Chairs: Michael Costello, Newburyport, MA 

Mark Earley, Lansdowne, VA 

Hillel Hoffman, New York, NY 

LONG RANGE PLANNING COMMITTEE Chair: Robert Johnson, Anoka, MN 


Members: James Cole, Washington, DC 

Ronald Goldstock, Larchmont, NY 

Bruce Green, New York, NY 

Charles Joseph Hynes, Brooklyn, NY 

Anthony Joseph, Birmingham, AL 


William Shepherd, W. Palm Beach, FL 

WHITE COLLAR CRIME DIVISION Executive Directors: James Cole, Washington, DC 

Janet Levine, Los Angeles, CA 

WHITE COLLAR CRIME COMMITTEE Co-Chairs: Brian Hennigan, Los Angeles, CA 

Morris “Sandy” Weinberg, Tampa, FL 

WHITE COLLAR CRIME REGIONAL 

SUBCOMMITTE CHAIRS 

National Vice-Chairs 

Eastern Regions 

New England/Boston 

Region 

New York Region 

Mid-Atlantic Region 

Nicholas Harbist, Cherry Hill, NJ 

Brian Hennigan, Los Angeles, CA 

Ross Garber, Hartford, CT 

Peter Gelhaar, Boston, MA 

Brien O’Connor, Boston, MA 

Daniel Savrin, Boston, MA 

Pamela Chepiga, New York, NY 

William Johnson, New York, NY 

Gregg Bernstein, Baltimore, MD 

Jennifer Short, McLean, VA 

Jack Wenik, Newark, NJ 

DC Region 

Southeast Region 

Florida Region 

Central Regions 

Midwest/Chicago 

Region 

Midwest/Kansas City 

Region 

Midwest/Ohio Region 

South Texas Region 

North Texas/Okla. 

Region 

Preston Burton, Washington, DC 

Sherri Schornstein, Washington, DC 

David Zinn, Washington, DC 

Richard Glaser, Jr, Charlotte, NC 

G. Douglas Jones, Birmingahma, AL 

Mitch Mitchelson, Atlanta, GA 

Brian Dickerson, Naples, FL 

Roger Handberg, Orlando, FL 

Marcos Hasbun, Tampa, FL 

Brian James, Miami, FL 

Adam Schwartz, Tampa, FL 

Peggy Daley, Chicago, IL 

David Rosenbloom, Chicago, IL 

Kurt Stitcher, Chicago, IL 

Gerald Handley, Kansas City, MO 

JR Hobbs, Kansas City, MO 

David Axelrod, Columbus, OH 

Sharlene Chance, Columbus, OH 

James Ervin, Columbus, OH 

Tom Hagemann, Houston, TX 

Greg Costa, Houston, TX 

Philip Hilder, Houston, TX 

Paul Coggins, Dallas, TX 


WHITE COLLAR CRIME SUBSTANTIVE 

SUBCOMMITEE CHAIRS 

Mountain Regions 

Rocky Mountain 

Region 

Southwest/Arizona 

Region 

Northern California 

Region (Bay 

Area/San Francisco) 

Southern California 

Region (Los 

Angeles/San Diego) 

Antitrust 

Computer Crime, 

Intellectual Property 

and Trade Secrets 

Corporate Criminal 

Liability 

DOJ Dialogue Group 

Environmental 

Crimes 

Financial Institution 

Fraud/Money 

Laundering and 

Patriot Act 

Health Care Fraud 

Newsletter 

Public Corruption and 

Extortion 

Qui Tam 

Gregory Goldberg, Denver, CO 

Kevin McGreevy, Denver, CO 

Marci Gilligan, Denver, CO 

Ashley Adams, Phoenix, AZ 

Stacey Gottlieb, Phoenix, AZ 

Lee Stein, Phoenix, AZ 

Walter Brown, San Francisco, CA 

Miranda Kane, San Francisco, CA 

Timothy Lucey, San Francisco, CA 

Mark Byrne, Los Angeles, CA 

Dorothy Kim, Los Angeles, CA 

Stephen Petersen, Raleigh, NC 

John Potter, San Francisco, CA 

Daniel Savrin, Boston, MA 

Richard Nelson, San Francisco, CA 

Warrington Parker, San Francisco, CA 

Robert McGahan, Los Angeles, CA 

Jeffrey Rutherford, Los Angeles, CA 

Elliott Sagor, New York, NY 

Jennifer Short, McLean, VA 

Peter Sprung, Washington, DC 

Amy Jackson, Washington, DC 

Todd Jones, Minneapolis, MN 

Gary Lincenberg, Los Angeles, CA 

Jack Selden, Birmingham, AL 

Robert Cochran, Columbus, OH 

Marc Greenberg, Long Beach, CA 

Ron Sarachan, Philadelphia, PA 

Lance Cassak, New York, NY 

Evan Jenness, Santa Monica, CA 

Frederick Petti, Phoenix, AZ 

Jason Pickholz, New York, NY 

Frank Razzano, Washington, DC 

Steve Wisotsky, Davie, FL 

Benjamin Gluck, Los Angeles, CA 

Bill Morrison, Dallas, TX 

Peter Spivack, Washington, DC 

Jack Fernandez, Tampa, FL 

Nicholas Mitchell, New York, NY 

Sarah Teachout, Dallas, TX 

Lisa Cuifolo, Philadelphia, PA 


Brian Heberlig, Washington, DC 

Justin Shur, Washington, DC 

Jeff Ifrah, Washington, DC 

Lesley Skillen, New York, NY 

David Stone, Short Hills, NJ 

Sarah Teachout, Dallas, TX 


Securities Fraud 

Sentencing 

Tax Fraud 

Trans-National Crime 

WCC National 

Institute 

Young Lawyers 

Philip Hilder, Houston, TX 

Thomas Hanusik, Washington, DC 

Daniel O’Connor, Boston, MA 

David Seide, Washington, DC 

David Willingham, Los Angeles, CA 

Bradley Bolerjack, Chicago, IL 

J.P. Hanlon, Indianapolis, IN 

Eric Jaso, Short Hills, NJ 

Jeffrey Sklaroff, New York, NY 

Scott Michel, Washington, DC 

Justin Thornton, Washington, DC 

Sarah Wirskye, Dallas, TX 

Tom Zehnle, Washington, DC 

William Devaney, New York, NY 


Brenda Johnson, Washington, DC 

Wendy Wysong, Washington, DC 

Ray Banoun, Washington, DC 

Meredith Auten, Philadelphia, PA 

Marcos Hasbun, Tampa, FL 

Adrian Mebane, Washington, DC 


ORGANIZATIONAL REPRESREPRESENTATIVES 

FEDERAL PUBLIC AND COMMUNITY DEFENDERS 


NATIONAL ASSOCIATION OF ATTORNEYS GENERAL 

TBD 

NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS 


NATIONAL DISTRICT ATTORNEYS ASSOCIATION 

William Fitzpatrick, New York, NY 

NATIONAL LEGAL AID & DEFENDER ASSOCIATION 

TBD 

U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION 

TBD 

CRIMINAL JUSTICE STANDARDS COMMITTEE Chair: Martin Marcus, Bronx, NY 

Members: Richard Callahan, Jefferson City, MO 

James Cole, Washington, DC 

Mark Dwyer, New York, NY 

Cheryl Jacobs, Baltimore, MD 

Nancy J. King, Nashville, TN 



Peter Pope, Larchmont, NY 

Staff: Susan Hillenbrand, Washington, DC 

CRIMINAL JUSTICE STANDARDS TASKFORCE Diversion and Irma Raker, Rockville, MD 

Special Courts 

Post-Conviction Robert Johnson Anoka, MN 

Remedies 

Prosecution and John Tunheim, Minneapolis, MN 


Prosecutorial Ronald Goldstock, Larchmont, NY 

Investigations 

Transaction 

Michael Bender, Denver, CO 

Surveillance 

Treatment of Margaret Love, Washington, DC 

Prisoners 

Treatment of 

Prisoners 

(Vice Chair) 

Alvin Bronstein, Washington, DC 

CRIMINAL JUSTICE STANDARDS TASKFORCE 

REPORTS 

Diversion and 

Special Courts 

Post-Conviction 

Remedies 

Prosecution and 


Prosecutorial 

Investigations 

Transaction 

Surveillance 

Treatment of 

Prisoners 

Walter Dickey, Madison, WI 

Larry Yackle, Boston, MA 

Rory Little, San Francisco, CA 

Steven Solow, Washington, DC 

Stephen Henderson, Wilmington, DE 

Margo Schlanger, Washington, DC 


SECTION STAFF: 

Jack C. Hanna 

Section Director 

Regina Ashmon 

Committee Coordinator 

Stacey Brown 

Membership Coordinator 

Shamika Dicks 

Administrative Assistant 

Christopher Gowen 

Senior Staff Attorney 

Michael Gradess 

Administrative Assistant 

Susan Hillenbrand 

Director for Criminal Justice Standards 

Pamela Meredith 

Section Administrator 

Carol Rose 

Meetings Coordinator 

Salma Safiedine 

Staff Attorney 

Robert Snoddy 

Outreach Coordinator 

Kyo Suh 

Technology/Publications Manager 

American Bar Association 


740 15 th Street, NW 

Washington, DC 20005-1009 

Phone: (202) 662-1500 

Fax: (202) 662-1501 

Email: crimjustice@abanet.org 

Web: www.abanet.org/crimjust

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