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FOUNDATION FOR CRIMINAL JUSTICE®
2014 Annual Report
BOARD OF TRUSTEES
President
Gerald B. Lefcourt
Gerald B. Lefcourt, PC
New York, NY
Treasurer
Lawrence S. Goldman
Law Offices of Lawrence S. Goldman
New York, NY
The mission of the
Foundation for Criminal Justice®
is to preserve and promote the core
values of America’s criminal justice
system guaranteed by the
Constitution — among them due
process, freedom from unreasonable
search and seizure, fair sentencing,
and assistance of effective counsel —
by educating the public and the legal
profession to the role of these rights
and values in a free society. The
Foundation supports the work of the
National Association of Criminal
Defense Lawyers™ toward these ends.
Secretary
Bruce M. Lyons
Law Offices of Bruce M. Lyons
Fort Lauderdale, FL
Trustees
Executive Director
Norman L. Reimer
Jerry J. Cox
Law Office of Jerry J. Cox PSC
Mount Vernon, KY
Foundation for Criminal Justice
Washington, DC
Nina J. Ginsberg
Foundation Manager
Daniel A. Weir
DiMuro Ginsberg
Alexandria, VA
Gerald H. Goldstein
Goldstein, Goldstein & Hilley
San Antonio, TX
Foundation for Criminal Justice
Washington, DC
Rick Jones
Neighborhood Defender
Service of Harlem
New York, NY
Edward A. Mallett
Mallett Saper Berg, LLP
Houston, TX
Cynthia Eva Hujar Orr
Goldstein, Goldstein & Hilley
San Antonio, TX
Martin S. Pinales
Pinales Stachler Young Burrell Crouse
Cincinnati, OH
Barry C. Scheck
The Innocence Project
New York, NY
Theodore Simon
Law Offices of Theodore Simon
Philadelphia, PA
Lisa Monet Wayne
© Jerry Sliwowski | Dollarphotoclub
Law Offices of Lisa M. Wayne
Denver, CO
Vicki Young
Foundation for Criminal Justice®
1660 L St. NW, 12th Floor
Washington, DC 20036
(202) 872-8600
www.nacdl.org/foundation
Law Office of Ephraim Margolin
San Francisco, CA
Copyright © 2015 The Foundation for Criminal Justice®
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
To view a copy of this license, visit http://creativecommons.org/licenses/by-nc-nd/4.0/.
TABLE OF CONTENTS
A Letter from the President about
the Foundation for Criminal Justice® . . . . . . . . . . . . . . . . . . . . . . . . page 2
Mission and Statement of Principle . . . . . . . . . . . . . . . . . . . . . . . . . page 5
The Work of the FCJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 5
Ensuring Access to Competent Counsel . . . . . . . . . . . . . . . . . page 5
Overcoming Overcriminalization, Prosecutorial
Misconduct, and the Trial Penalty . . . . . . . . . . . . . . . . . . . . . page 6
Preserving the Fourth Amendment in the Digital Era . . . . . . page 7
Restoring Rights and Status after Conviction . . . . . . . . . . . . page 8
Providing Training and Developing Resources for
Defense Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 11
Criminal Justice Reform Research and Publications . . . . . . page 12
Eliminating Racial & Ethnic Disparities in the
Criminal Justice System . . . . . . . . . . . . . . . . . . . . . . . . . page 13
Promoting Diversity in the Criminal Defense Bar . . . . . . . . . page 14
2014 Financial Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 15
Celebrating Liberty’s Last Champions:
Guardians of the Constitution . . . . . . . . . . . . . . . . . . . . . . . page 16
© Dana S. Rothstein | Dollarphotoclub
Individual and Organizational Donors to the FCJ . . . . . . . . . . . . . page 17
Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 21
Due process, equal protection, privacy rights, free speech,
and countless other rights are defined by the criminal
justice system, and therefore depend upon a
robust and effective criminal defense function.
A Letter from the President about the Foundation for Criminal Justice®
Criminal justice reform will define this decade. Even as criminal justice reform gains broader support, people
everywhere continue to lose their liberty, their property, and sometimes their lives to a system that overcriminalizes
conduct, denies access to competent counsel, punishes those who insist upon the right to trial, and wields the power
to search and seize without precedent or accountability. Reform is needed, and the Foundation for Criminal Justice®
(FCJ) is uniquely positioned to make the necessary reforms. The FCJ supports projects that protect the right to
effective counsel, fight overcriminalization and prosecutorial misconduct, protect against secret and unaccountable
government searches into the private lives of citizens, promote restoration of rights and status after conviction or
arrest, and more. The FCJ promotes these reforms by supporting the criminal defense bar and the lawyers who
shoulder the constitutionally ordained mission to ensure that when the government uses its power to prosecute, it
respects the fundamental rights and dignity of the individual.
There has been a pervasive erosion of fundamental rights and unchecked expansion of prosecutorial power. The
criminal justice system has evolved so as to disadvantage the individual accused of a crime. The entire criminal process
cries out for reform. From the abuse of the power to search and seize, and the perversion of the grand jury process,
to pre-conviction asset seizure, discovery abuse, suppression of favorable evidence, and manipulation of the charging
process and sentencing laws to inhibit the exercise of a right to trial, we are today confronted with a criminal justice
system that makes a mockery of the presumption of innocence and of due process.
© Kanvag | Dollarphotoclub
2 FCJ 2014 Annual Report
Unlike groups that focus solely on public advocacy or securing justice for the wrongly convicted, the FCJ recognizes
that the contours of liberty are most frequently shaped by the individual criminal cases that, day in and day out, test
the limits of government power in courtrooms throughout the country. Due process, equal protection, privacy rights,
free speech, and countless other rights are defined by the criminal justice system, and therefore depend upon a robust
and effective criminal defense function. Further, the power to prosecute, condemn, imprison, and sometimes execute
an individual can only be properly restrained when the Sixth Amendment right to counsel is fully respected. While
protection of those who are actually innocent is a vital concern,
the question of guilt or innocence is seldom subject to scientific
certainty. Rather, it rests in the gray areas of credibility, intent,
and perception. To prevent injustice, it is imperative that due
process and respect for fundamental constitutional principles
be safeguarded in all criminal prosecutions. Similarly, even for
those who violate the law, human dignity demands that
punishment should be proportionate and individualized; and
eventual restoration of rights is essential to the health and wellbeing of society. The FCJ partners with the National
Association of Criminal Defense Lawyers™, the national
organized criminal defense bar, to support the criminal defense
lawyers who also fight for these goals every day.
In establishing a right to counsel, the founders of this nation
recognized the vital importance of providing an advocate for
all accused, and in no way limited that right to the innocent or
the wrongly accused. This is the unique concern of the FCJ and
the nation’s criminal defense bar.
Gerald B. Lefcourt
President, Foundation for Criminal Justice
The power to prosecute,
condemn, imprison,
and sometimes execute
an individual can only
be properly restrained
when the Sixth Amendment
right to counsel is
fully respected.
FCJ 2014 Annual Report 3
Counsel must be provided to
all accused persons at any
court appearance at which
a guilty plea to any crime
may be entered or at which
liberty is at risk.
4
FCJ 2014 Annual Report
© Royalty Free | Ingimage
Mission and Statement of Principle
The FCJ preserves and promotes the core values of the American criminal
justice system. The FCJ is a 501(c)(3) charitable not-for-profit organization
committed to national criminal justice reform. The FCJ recognizes that the
contours of America’s core constitutional rights are shaped by that system, and
that the single most critical check on government excess is provided by the
nation’s criminal defense bar, whose indispensable role is enshrined in the Sixth
Amendment. In furtherance of that principle, the FCJ supports projects that
empower the criminal defense bar to fulfill its constitutional role. The robust
defense of all accused persons is the most effective means of confronting
governmental overreaching and abuse. In this regard, the FCJ recognizes that
justice is only possible when an adequately resourced advocate is available to
test the propriety and legality of the government’s invocation of its power to
prosecute; that individuals should not be judged only by their worst moments;
and that any punishment must be proportionate to the offense and the
offender. Further, the FCJ believes that even for those who have been lawfully
convicted of an offense, the criminal justice system must broadly embrace the
restoration of rights for those who have paid their debt to society.
Highlights of the specific FCJ-supported efforts to preserve and protect the
right to counsel include:
¨ The establishment of a Task Force on Federal Indigent Defense to
produce a comprehensive study of the state of the federal indigent defense
system and an assessment of the extent to which it comports with the
American Bar Association’s (ABA) Ten Principles for An Effective Indigent
Defense System;
¨ Co-sponsorship of events and publications to focus attention on the recent
crisis in the federal indigent defense system; and
¨ Sponsorship of several major reports on various problems that contribute
to the indigent defense crisis in America.1 Some specific examples include:
•
•
•
•
Two studies of America’s broken misdemeanor system;
A study on the underfunding of assigned counsel systems;
A study on obstacles to access to counsel; and
A roadmap to promote reform of the nation’s indigent defense system.
Expenses By Program Area (Oct. 1, 2013 - Sept. 30, 2014)
The Work of the FCJ
General Support to NACDL*
Ensuring Access to Competent Counsel
The FCJ supports myriad activities to reform local, state and federal indigent
defense systems. The FCJ embraces the fundamental concept that counsel must
be provided to all accused persons at any court appearance at which a guilty plea
to any crime may be entered or at which liberty is at risk. This goal remains
elusive throughout much of the country. Specifically in this area, the FCJ
supports impact litigation, research, academic conferences on the status of the
right to counsel, and the production of reports and resources for stakeholders
and reformers. Through support for NACDL’s Indigent Defense Reform and
Litigation Fund, the FCJ also supports a broad range of activities to improve the
nation’s indigent defense infrastructure, and to vastly expand training and
education opportunities for defense lawyers in all realms of practice.
Eliminating Racial
Disparities
$9,601
$295,433
$134,365
$43,309
$101,712
Restoration
Of Rights
$10,000
Right to Counsel and
Defender Training
Ending
Oversentencing
And Implementing
Padilla and Graham
Clemency
Project 2014
Research and
Publications
$10,000
* Funds conveyed in this area directly support NACDL's efforts in a broad range of areas including: Indigent Defense Reform;
Overcriminalization; Fourth Amendment and Privacy; National Security; Rights Restoration; Ending Racial Disparities; and more.
FCJ 2014 Annual Report 5
Overcoming Overcriminalization, Prosecutorial Misconduct, and the Trial Penalty
Overcriminalization is a dangerous trend that the FCJ is working to reverse. In little more than a century, the number of
federal crimes swelled from about 100 to approximately 5,000 today. That fifty-fold expansion is only the new crimes
passed by Congress and signed by the president. Additionally, there are countless federal crimes created by regulation.
The nation’s addiction to criminalization backlogs the judicial system, produces mass incarceration, and decouples the
criminal justice system from its moral anchor.
The problem is compounded by a system that unduly imbues prosecutors with an excessively disproportionate
array of tools, including unbridled charging authority, mandatory minimum sentences, and largely unreviewable
discretion to control the flow of information to the defense. The threat of geometrically increased penalties for
those who dare to challenge the government’s case, often without access to vital information consistent with
innocence, unduly burdens the right to a trial. This is known as the trial penalty. The resulting systematic imbalance
impels even innocent people to waive fundamental constitutional rights.
Here are just some of the ways that the FCJ stands up to overcriminalization and prosecutorial
misconduct:
ABOVE
Event: June 26, 2014, Rep. Spencer Bachus discusses
overcriminalization and restoration of rights with NACDL
First Vice President Rick Jones and NACDL Associate
Executive Director for Policy Kyle O’Dowd.
Photographer: Isaac Kramer, © NACDL
Location: Rayburn House Office Building, Washington, DC.
¨ The FCJ supported a recently released study and report on prompt access to
information that is favorable to a client. Material Indifference: How Courts Are Impeding Fair Disclosure in Criminal Cases meticulously
demonstrates how Brady’s materiality standard incentivizes non-disclosure of favorable information.2
¨ Efforts to ensure broader discovery rights and more effective means to ensure that the defense is universally and timely
given access to helpful information that prosecutors know or should know;
¨ Efforts to require that all criminal statutes include meaningful mens rea, or criminal intent, requirements;
¨ Opposition to the imposition of vicarious liability with insufficient evidence of personal awareness or neglect;
¨ Opposition to mandatory minimum sentences;
¨ Opposition to the undue expansion of the criminal law to regulate personal behavior and to inappropriately
supplant civil regulatory regimes with criminal penalties; and
© Andriy Kravchenko | Ingimage
6 FCJ 2014 Annual Report
¨ Opposition to the unnecessary federalization of crimes traditionally reserved for state
jurisdictions.
Domestic Drone Information Center
Preserving the Fourth Amendment in the Digital Era
www.nacdl.org/domesticdrones
In no area is the role of the criminal defense bar more vital than in defining individual privacy
rights. The limit of the government’s power to conduct searches and seizures is tested in the context
of criminal cases. The constitutional validity of the government’s surveillance and investigation
methods is litigated when prosecutors offer evidence against someone who is accused of wrongdoing.
The FCJ supports NACDL’s efforts to ensure that the Fourth Amendment remains a vibrant protection
against encroachments on individual privacy and liberty. This is an especially vital role in the digital age. The
FCJ believes that Fourth Amendment protections should neither turn on the medium used to transmit private
information, nor on how that information is stored. A representative list of projects includes the following:
© Dreaming Andy | Dollarphotoclub
¨ The establishment of NACDL’s Domestic Drone Information Center — a one-stop source of cutting-edge information on the proliferation of
drones inside the United States. It collects news from leading publications across the nation; features a comprehensive listing of legislative
developments; and contains sections devoted to relevant case law, government documents, scholarship, upcoming events, and data on drone usage;3
¨ Research into the implications for privacy and liberty posed by the advent of familial DNA testing,
including whether familial DNA testing comports with constitutional principles, and whether corrective
action is necessary to challenge or limit this investigative technique;4
¨ Litigation designed to protect professionals, students, and tourists from the unconstitutionally suspicionless
seizure of their laptop computers at border crossings;
¨ Amicus efforts that challenge warrantless GPS-tracking of citizens’ everyday movements;5
The limit of the government’s
power to conduct searches
and seizures is tested in the
context of criminal cases.
¨ Educational seminars and symposia to enhance the capacity of front line lawyers to effectively litigate cutting-edge search and seizure issues
in an age of rapidly advancing technology, as well as to advance academic research into the intersection of new technologies and the Fourth
Amendment;
¨ Issuance of a white paper on Electronic Surveillance and Government Access to Third Party Records;6
¨ A panel discussion at the National Press Club, broadcast on C-SPAN and covered by multiple news outlets, on the use of canine searches,
which raise serious long-term implications for domestic privacy and the potential for law enforcement abuse of new technologies, especially
those of dubious reliability;7 and
¨ A formal policy to establish safeguards to protect legitimate privacy interests when law enforcement conducts digital searches
pursuant to a search warrant.8
WHAT'S OLD IS NEW AGAIN:
RETAINING FOURTH AMENDMENT
PROTECTIONS IN WARRANTED
DIGITAL SEARCHES
(PRE-SEARCH INSTRUCTIONS AND
POST-SEARCH REASONABLENESS)
A Report By NACDL’s
Fourth Amendment Advocacy Committee
Reporter: Steven R. Morrison
MAY 18, 2014
FCJ 2014 Annual Report 7
14
Million
People
Arrested
Annually
70
Million
Adults have
Criminal
Records
45
Thousand
Known
Collateral
Consequences
8
FCJ 2014 Annual Report
Fourteen million people are arrested annually.
Seventy million adults have criminal records.
These people face at least 45,000 known
collateral consequences of arrest or conviction.
Restoring Rights and Status after Conviction
Federal, state, and local law enforcement arrest some 14 million people annually. And it is estimated that nearly 70
million adults have criminal records, and at least 45,000 collateral consequences of arrest or conviction have been
documented by the American Bar Association.9 This vast array of legal restrictions, generalized discrimination, and
social stigma have become more severe, more public, and more frequently permanent. These consequences affect
virtually every aspect of human endeavor, including employment and licensing, housing, education, public benefits,
credit and loans, immigration status, parental rights, and even volunteer opportunities. Collateral consequences can
be a criminal defendant’s most serious punishment, permanently relegating a person to second class status.
With FCJ support, NACDL® recently issued a groundbreaking report designed to combat this problem, entitled
Collateral Damage: America’s Failure to Forgive or Forget in the War on Crime — A Roadmap to Restore Rights and Status after
Conviction or Arrest.10 The report has been the FCJ’s and NACDL’s bestreceived report to date. It was downloaded more times in its first two weeks
than any prior report at launch, and the report was favorably covered by a New
York Times editorial on Sunday, May 31, 2014. Over 100 people attended the
report launch, which included poignant testimony from Lamont Carey, a
business owner and individual with a conviction; several policy analysts;
former Maryland Governor Robert Ehrlich; former United States
Congressman J.C. Watts; and former New York City Police Commissioner
Bernard Kerik.11 Prior to the release of Collateral Damage, the FCJ and NACDL
published The Restoration of Rights Project on NACDL’s website.12 That valuable
tool provides counsel and the public information on relief mechanisms from
collateral consequences in each US state.
The implementation of the report’s recommendations continues to play a
major role in the FCJ’s and NACDL’s agenda.
BELOW
Event: May 29 2014, Launch of Collateral Damage report
Photographer: Chris Ervin
Location: Open Society Foundations, Washington, DC
ABOVE
Event: February 26, 2014,
“Conversations on Justice Series:
Central Park Five Screening” —
Co-Sponsored by NACDL,
American Constitution Society
for Law and Policy, and the
Justice Roundtable.
Photographer: Ivan J.
Dominguez, © NACDL
ABOVE
Location: Open Society
Foundations, Washington, DC
Event: September 18, 2014, Community Discussion on
Alleviating the Collateral Consequences of Arrest & Conviction
Photographer: Ivan J. Dominguez, © NACDL
Location: George Mason University, Arlington Campus, VA
FCJ 2014 Annual Report 9
10 FCJ 2014 Annual Report
Providing Training and Developing Resources for Defense Attorneys
The Resource Counsel Project at NACDL®, made possible by initial support from the FCJ, provides access to technical assistance
for court-appointed counsel, contract defenders, and solo and small firm defense attorneys, among others. NACDL’s resource counsel
has developed broad, web-based resources, and has provided innumerable attorneys with direct technical assistance.
With support from the FCJ, NACDL coordinated a series of webinars to ensure that the criminal defense bar understands the
implications of recent decisions that implicate immigration, collateral consequences, and juvenile sentencing. The trainings have been
made available online without charge, and remain available on demand, in an effort to reach the broadest possible audience. In
addition, and with support from the Bureau of Justice Assistance, NACDL’s resource counsel has coordinated several national
trainings that educate attorneys on litigating post-conviction innocence claims involving mainly flawed forensic evidence.
The FCJ supported scholarships for over 50 participants and faculty to attend a recent two-day seminar on Preventing and Mitigating the
Domino Effect of Criminal Convictions, with a special emphasis on immigration issues. Scholarships went to training directors, immigration
experts, and heads of public defender offices to attend the collateral consequences-focused seminar and applicable breakout sessions.
The scholarship recipients’ professional roles all involved training and immigration, and they all committed to bringing the training
they received back to their professional communities.
The FCJ supported the first ever National Criminal Defense Forum on Forensic Mental Health & the Law. The faculty featured the most
prominent forensic psychologists, psychiatrists, and lawyers from around the country, and the program was attended by approximately
350 attendees.
The FCJ also provided essential support for the establishment of a National Forensic Science College.13 The college cultivates a
national network of forensic science litigators, and equips the criminal defense bar to prevent the misuse of forensic science by law
enforcement through the affirmative use of forensic science to support the defense of the accused.
Additional examples of recently launched web-based training programs and resources are:
¨
NACDL’s Compendium on Electronic Recordation of Interrogation provides a complete, upto-date analysis of laws that require law enforcement to record the entirety of custodial
interrogations — a principal source of wrongful convictions.14
¨
The Proportionality Litigation Project is a collection of individual downloadable documents that
summarize for each U.S. state the key doctrines and leading court rulings setting forth constitutional
and statutory limits on lengthy imprisonment terms and other extreme (non-capital) sentences.15
LEFT
Event: June 12, 2014, FCJ Trustee, NACDL Past
President, and Co-Director of the Innocence Project
Barry Scheck teaches at the inaugural National
Forensic Science College.
Photographer: Gerald Lippert, © NACDL
Location: New York, NY
FCJ 2014 Annual Report 11
Criminal Justice and the Media
www.nacdl.org/coveringcriminaljustice
Criminal Justice Reform Research and Publications
PART 1
PART 2
The FCJ supports research and publication of groundbreaking,
cutting-edge reports, and papers aimed at furthering criminal justice
reform projects. Recent projects have addressed topics including:
¨ Criminal Justice and the Media is a three-part tutorial series that
explores how journalists can effectively inform the public on
the criminal justice system. Panelists included premier journalists
covering criminal justice issues. The series focused on criminal
justice policy, covering trials, and covering appellate decisions.
It is available online and has already been widely circulated
among professional journalism circles, including to university
journalism and communications libraries across the nation.16
¨ Racial disparity in the criminal justice system;
¨ Deficiencies in the nation’s indigent defense systems;
¨ Electronic surveillance and government access to third party
records;
¨ Grand jury reform;
¨ Systemic problems in the nation’s misdemeanor courts;
PART 3
¨ Deficiencies in the nation’s problem-solving/drug courts;
¨ Proliferation of collateral consequences of arrest and
conviction that create life-altering legal barriers; and
¨ Faulty legal analyses that perpetuate the suppression of
evidence favorable to the accused.
These reports are all available at
www.nacdl.org/reports
12 FCJ 2014 Annual Report
Unacceptable disparities, and in particular
disparate treatment based on people’s race or
ethnicity, permeate America’s criminal justice
system. The FCJ supports projects designed to
constructively address these disparities.
Eliminating Racial & Ethnic Disparities in the Criminal Justice System
As the nation is constantly reminded, racial and ethnic disparities permeate America’s criminal justice system. The
FCJ supports projects designed to constructively address these disparities. The FCJ partnered with several
organizations representing all aspects of the criminal justice system to convene a symposium entitled Criminal Justice
in the 21st Century: Eliminating Racial and Ethnic Disparity in the Criminal Justice System. The multi-day event led to the
production of numerous articles, reports, and podcasts, as well as a second convening focusing on specific additional
steps to eliminate racial disparities in the system, Advancing the Reform Dialogue Through Action. The initiative spawned
several law journal articles that were published by the New York Journal of Legislation and Public Policy.17 The FCJ also
supported a webinar on police militarization, titled Under Siege: The Defense Bar Examines Police Militarization, Ethnic
& Racial Dynamics of Sentencing, and their Impact on Criminal Justice Outcomes.18
The FCJ plans to support continued efforts to highlight disparity and to promote intelligent
dialogue and innovative solutions to address the problem.
Created by Cathy Zlomek
FCJ 2014 Annual Report 13
Promoting Diversity in the Criminal Defense Bar
With support from FCJ, NACDL instituted a fellowship program in criminal defense law, designed for law students
from historically underrepresented backgrounds. The fellowship places law students from historically underrepresented
backgrounds with exceptional and experienced criminal defense attorneys, where the fellows experience criminal
defense practice firsthand during their eight-week placements. Through the first five years of the program, eighteen
law students had received these fellowships. The fellowship program, now in its sixth year, represents a unique
contribution to improving the criminal defense bar.
Omar Saleem, Jr., a 2014 Summer Fellow, represents the exceptionally talented individuals that both
participated in the program and use it to start their careers in criminal defense. Omar spent his
summer with the Neighborhood Defender Service of Harlem (NDS), and NDS subsequently hired
him as a member of its attorney staff. Omar’s interest in the program stemmed from his desire to
travel beyond his native Florida and learn about a different state’s legal system. Omar graduated from
the Emory University School of Law in the spring of 2014. While a student, he served as the vice
president of social affairs for the Graduate Student Association and vice president of academic affairs
for the Emory University School of Law SBA. He interned with the Fulton County Public Defender’s
Office, the DeKalb County Office of the Public Defender, and the U.S. Equal Employment
Opportunity Commission. He also served as a mediator for the Fulton County Landlord Tenant
Mediation Program. Omar completed his bachelor’s degree in English at the University of Florida.
14 FCJ 2014 Annual Report
Omar Saleem, Jr.
Expenses By Program Area
Foundation for Criminal Justice
$295,433
2014 Financial
$9,601
$43,309
$134,365
September 30, 2014
$10,000
Assets
$101,712
$10,000
General Support to NACDL*
Ending Oversentencing And Implementing Padilla and Graham
Research and Publications
Right to Counsel and Defender Training
317,507
146,195
1,078,362
1,041
Total Assets
$
1,543,105
$
12,970
106,618
Liabilities:
Accounts payable
Grants payable to NACDL
$604,420
Restoration of Rights
Eliminating Racial Disparities
Expenses By
Category
* Funds conveyed in this area directly support NACDL's efforts in a broad
range of areas including: Indigent Defense Reform; Overcriminalization;
Fourth Amendment and Privacy; National Security; Rights Restoration;
Ending Racial Disparities; and more.
$58,699
General &
Program Expenses Fundraising &
Awards Gala Administration
$49,066
$70,416
$447,277
Grant Revenue
Contributions
In-Kind Contributions
Investment Earnings
119,588
Total liabilities
$171,157
Revenue By Source
$
Liabilities and net assets
Clemency Project 2014
$450,000
Cash and cash equivalents
Accounts Receivable and promises to give
Investments
Prepaid expenses
Net Assets:
Unrestricted:
Undesignated
Trustee designated:
Gala fund
Capital campaign fund
Gideon fund
Clemency Project fund
Juvenile justice fund
Indigent Defense Litigation and Reform Fund
Racial disparity fund
Total unrestricted net assets
Temporarily restricted net assets
Permanently restricted net assets
Total net assets
Total liabilities and net assets
453,586
241,069
120,523
80,695
25,000
0
0
0
920,873
488,989
13,655
1,423,517
$1,543,105
FCJ 2014 Annual Report 15
Celebrating Liberty’s Last Champions™: Guardians of the Constitution
The FCJ thanks the sponsors and supporters of its 2014 annual awards dinner in Philadelphia. The event
celebrated the tens of thousands of criminal defense lawyers across the country who dedicate their careers
to guarding the fundamental protections of the Constitution. The evening was a magical event with
performances by a founding member of the Barenaked Ladies, Steven Page; and the Grammy Awardwinning Ken Ulansey Ensemble, as well as remarks delivered by Kerry Kennedy, President of the
Robert F. Kennedy Center for Justice and Human Rights. Cynthia Hujar Orr received NACDL’s Robert
C. Heeney Memorial Award, and Rick Jones received NACDL’s Champion of Justice Legal Award.
Finally, NACDL’s Art Director Cathy Zlomek received the inaugural Executive Director’s Award.
The FCJ thanks those whose support
made its 2014 Awards Dinner, Celebrating
Liberty’s Last Champions™: Guardians of the
Constitution, an unprecedented success.
Champions of Liberty
Winston & Strawn LLP
Guardians of Justice
Hafetz, Necheles & Rocco, LLP
Kline & Specter, PC
Kramer Levin Naftalis & Frankel, LLP
Neufeld, Scheck and Brustin, LLP
Sidley Austin Foundation
Protectors of Civil Rights
Haddon Morgan & Foreman, PC
Murphy Falcon Murphy
16 FCJ 2014 Annual Report
Advocates of Change
ABC Bail Bonds
Arshack, Hajek & Lehrman, PLLC
Berger & Montague, PC
Black, Srebnick, Kornspan & Stumpf, PA
Blank Rome, LLP
DimuroGinsberg
Garland, Samuel & Loeb, PC
Gaskins, Bennett, Birrell, Schupp, LLP
Geragos & Geragos, PC
Gerald B. Lefcourt, PC
Goldstein, Goldstein & Hilley
Keker & Van Nest, LLP
The Law Offices of Murray Richman
and Richman Hill & Associates
Law Offices of Theodore Simon
Mark M. O’Mara, PA
Monnat & Spurrier, Chartered
O’Melveny & Myers, LLP
OPS Security and Investigations
Pennsylvania Association of
Criminal Defense Lawyers
PNC Bank
Rick Jones, Lisa Wayne, and Vicki Young
Ritchie, Dillard, Davies & Johnson, PC
Schertler & Onorato, LLP
Wiggin & Dana, LLP
Patrons of Freedom
Arnold & Porter, LLP
Chadbourne & Park, LLC
Demeo LLP
Goldberg Katzman, P.C.
Greenblatt, Pierce, Engle, Funt & Flores LLC
Jenner & Block
Kilpatrick Townsend
Stephen M. Komie — Chicago, IL
Marshall, Dennehey, Warner,
Coleman & Goggin, PC
Pietragallo, Gordon, Alfano,
Bosick & Raspanti, LLP
Shipman & Goodwin LLP
The Law Offices of Lisa A. Mathewson
Todd Foster, PLLC
Steven M. Wells — Anchorage, AK
Gerald B. Lefcourt
President, Foundation
for Criminal Justice
Pinales Stachler Young Burrell &
Crouse Co., LPA
Rudolf Widenhouse & Fialko
Stevens & Lee PC
The Beasley Firm LLC
Martin G. Weinberg — Boston, MA
Benefactors
Dr. Elliot Atkins — Marlton, NJ
Brian H. Bieber and Joel Hirshhorn —
Coral Gables, FL
Brafman & Associates PC
Ellen C. Brotman — Philadelphia, PA
Jerry J. Cox — Mount Vernon, KY
Crowell & Moring
Fox Rothschild
Greenspan Partners
Jones Day
Law Offices of Arthur Thomas Donato
Law Offices of Brook Hart
MCM Data Consulting
Montgomery McCracken Walker & Rhoads, LLP
E. G. Morris — Austin, TX
Board of Directors of the Neighborhood
Defender Service
Norman and Linda Reimer — New York, NY
Supporters
Arguedas Cassman & Headley LLP
Boyds Philadelphia
Brune & Richard, LLP
Cadwalader, Wickersham & Taft LLP
Cozen O’Connor
Aric M. Cramer, Sr. — Saint George, UT
Gennaro’s Tomato Pie
Goldman & Johnson
Guiberson Consulting, P.C.
Illinois Association of Criminal
Defense Lawyers
Johnson, Vaughn & Heiskell
Elizabeth Kelley — Spokane, WA
Law Offices of John D. Cline
Law Offices of Maureen Cain
Law Offices of Ramon de la Cabada
Lorandos Joshi, PC
McCarthy, Lebit, Crystal, Liffman & Co., L.P.A.
Marrero Bozorgi
Martin Law
McElroy Deutsch Mulvaney & Carpenter, LLP
A. Adam Mehrfar, Esq. — New York, NY
Staff of the Neighborhood
Defender Service
Pepper Hamilton LLP
Phillip Gelso Attorney at Law
Robert L. Sadoff, MD — Jenkintown, PA
Saul, Ewing, Remick & Saul LLP
Elliott M. Schnier — Highland Beach, FL
Stephen A. Sheller — Philadelphia, PA
Simon-Lethbridge-Kennedy Family
Smith & Zimmerman, PLLC
Paul Solis-Cohen — Sholcay, NY
The Findling Law Firm, P.C.
The Law Offices of Nellie L. King P.A.
Jeffrey E. Thoma — Fairfield, CA
Robert S. Toale — Gretna, LA
Donors in support of the event
Lesli M. Caldwell — Fairfield, CA
Marissa L. Elkins — Northampton, MA
Stanley I. Greenberg — Los Angeles, CA
Harvey Silverglate — Cambridge, MA
Bonnie Hoffman — Leesburg, VA
Jo Ann Palchak — Tampa, FL
Joan Shepp — Philadelphia, PA
Benjamin R. LaBranche — Baton Rouge, LA
Law Offices of Francis W. Wilson, LLC
Lee Cline — Laurel, MS
Norman R. Mueller — Denver, CO
Gail Gianasi Natale — Phoenix, AZ
Peter Greenspun — Fairfax, VA
John J. Ritenour — San Antonio, TX
Geneva Vanderhorst — Washington, DC
Kira A. West — Washington, DC
William P. Wolf — Chicago, IL
Cynthia Hujar Orr
NACDL’s 2014 Robert C. Heeney
Memorial Award Recipient
In addition to the supporters and benefactors of the
event, the Foundation for Criminal Justice® also thanks
the many people who purchased tickets.
Individual & Organizational Donors
The following individuals and groups supported the
Foundation for Criminal Justice® during the period
from October 1, 2013 through September 30, 2014.
These donors supported the Foundation for Criminal
Justice in myriad ways, including direct contributions,
and contributions on behalf of and in honor of other
people and groups. To support the FCJ, visit
www.nacd.org/foundation/give.
Akerman LLP
In memory of Richard Sharpstein
Rhonda A. Anderson — Coral Gables, FL
In memory of Richard Sharpstein
Anonymous Donors (3)
Astrid J. Baez — West Miami, FL
In memory of Richard Sharpstein
K. Ronald Bailey — Sandusky, OH
Barney K. Barnett — Chandler, OK
James W. Bergenn — Hartford, CT
Barbara E. Bergman — Albuquerque, NM
Blair Berk — Los Angeles, CA
In memory of Richard Sharpstein
Rick Jones
NACDL’s Champion of Justice
Legal Award Recipient
FCJ 2014 Annual Report 17
Theodore Simon
President, National Association
of Criminal Defense Lawyers,
Trustee, Foundation for
Criminal Defense Lawyers and
2014 Gala Dinner Chair
Steven Page
A founding member of the
Barenaked Ladies and Grammy
Award-winning Ken Ulansey Ensemble
18 FCJ 2014 Annual Report
Patrick J. Berrigan — Kansas City, MO
Mark Biddison — Boulder, CO
David R. Bires — Houston, TX
Nick Bogert — Chicago, IL
In memory of Richard Sharpstein
Jason A. Bovis — Winter Park, FL
In memory of Richard Sharpstein
R. Henry Branom Jr. — Great Falls, MT
Harland W. Braun — Los Angeles, CA
Timothy A. Braun — Saint Charles, MO
Kevin Brehm — Alexandria, VA
Carol A. Brook — Chicago, IL
Blair G. Brown — Washington, DC
Bennett H. Brummer — Gainesville, FL
Brune & Richard, LLP
William H. Buckman — Moorestown, NJ
David B. Bukey — Seattle, WA
Dennis J. Burke — LaGrange, KY
John V. Butcher — Albuquerque, NM
D. Toni Byrd — Williamsport, PA
Andres Campillo — Miami, FL
Gail Canizares — Gibsonia, PA
Carl Anthony Capozzola —
Redondo Beach, CA
Juliet A. Cardinal — Portland, OR
J. W. Carney Jr. — Boston, MA
Erin M. Carrillo — Tucson, AZ
Nell Chambers — West Palm Beach, FL
In memory of Richard Sharpstein
Neil B. Checkman — New York, NY
David Z. Chesnoff — Las Vegas, NV
In memory of Richard Sharpstein
James S. Cinamon — Sherborn, MA
In memory of Richard Sharpstein
Milagros A. Cisneros — Phoenix, AZ
Noah Clements — Washington, DC
Lee W. Cline — Laurel, MS
Deborah Colson — New York, NY
Lea F. Courington — Dallas, TX
Jerry J. Cox — Mount Vernon, KY
Daniel T. Coyne — Chicago, IL
Michael J. Crawford — Corsicana, TX
Michael G. Cullen — Drexel Hill, PA
In memory of John McDougall
Laurel E. Curry — Arlington, VA
Mani Dabiri — Irvine, CA
Kirk and Aileen Davis — Odessa, FL
In memory of Richard Sharpstein
John R. Del Pizzo — Newtown Square, PA
In memory of John McDougall
Stephen R. Delinsky — Cambridge, MA
Russell Deyo — New Brunswick, NJ
Nathan J. Dineen — Germantown, WI
Ari K. Dispenza — Miami, FL
In memory of Richard Sharpstein
Robert J. Driscoll — Denver, CO
Dubin Research & Consulting
Frank D. Eaman — Detroit, MI
Michael Erpino — Chico, CA
Thomas J. Farrell — Pittsburgh, PA
Lawrence S. Feld — New York, NY
Eric B. Feldman — Coral Gables, FL
Correen Ferrentino — Santa Ana, CA
Drew Findling — Atlanta, GA
Theodore V. Fishman — Clarksburg, NJ
Kathryn Fitzpatrick — Fairfax Station, VA
Rep. Inez Flores — New York, NY
Bruce S. Foerster — Miami, FL
In memory of Richard Sharpstein
Jenn French — San Diego, CA
Lisabeth Fryer — Winter Park, FL
Susan Galler — Miami, FL
In memory of Richard Sharpstein
Robert D. Ganstine — Morehead, KY
Charles E. Garner — Staunton, VA
Margo George — Oakland, CA
Richard K. Gilbert — Washington, DC
Linda Gill Anderson — Washington, DC
Lenore Glaser — Boston, MA
Daniel H. Goldman — Arlington, VA
Lawrence S. Goldman — New York, NY
In memory of Richard Sharpstein
Billie J. Goldstein — Pembroke Pines, FL
In memory of Richard Sharpstein
Russell L. Goodrow — San Francisco, CA
Sylvia L. Graber — Whittier, CA
Steven P. Gray — Kodiak, AK
Jason Green — Abington, MA
Greenberg Traurig
In memory of Richard Sharpstein
Omar F. Greene — Little Rock, AR
Peter D. Greenspun — Fairfax, VA
Elise Groulx-Diggs Ad.E. —
Washington, DC
Robert T. Haar — Saint Louis, MO
David D. Hammon — Bishop, CA
Ronald L. Haskell — Naperville, IL
Justin E. Hekkanen — Jacksonville, FL
In memory of Richard Sharpstein
Maria Henderson — Tallahassee, FL
In memory of Richard Sharpstein
Ann L. Hester — Charlotte, NC
Bonnie Hoffman — Leesburg, VA
Joey T. Hoover — Winterset, IA
Helen M. Hough — Glen Mills, PA
In memory of John McDougall
Gerald J. Houlihan — Miami, FL
In memory of Richard Sharpstein
Rebecca L. Hudsmith — Lafayette, LA
F. Jon Iannaccone — Glen Ridge, NJ
Bruce Jacob — Gulfport, FL
Richard Jasper — New York, NY
Evan A. Jenness — Santa Monica, CA
Joan Fleischman & Jim Casey —
Coral Gables, FL
In memory of Richard Sharpstein
David A. Katz — Beverly Hills, CA
Brendan N. Keeley — Jacksonville, FL
In memory of Richard Sharpstein
Elizabeth Kelley — Spokane, WA
In honor of Gerry Goldstein
Alan Kennedy — Santa Monica, CA
James H. Klein — Haddon Township, NJ
Richard F. Koch — Minneapolis, MN
Shelly Hogan Koehler — Fayetteville, AR
Frederick Krambeck — Alexandria, VA
In memory of John McDougall
Christine L. Kroger — French Camp, CA
Donald N. Krosin — Lyndhurst, OH
Juanita L. Kyle — Minneapolis, MN
Ann K. Lambert — Boston, MA
Charles W. Lammers — Jacksonville, FL
Timothy Landry — Concord, NH
Alexandra Langendorfer — Philadelphia, PA
In honor of Ted Simon
Keith A. Lavallee — Farmingdale, NY
Jan M. Lecklikner — Berkeley, CA
Gerald B. Lefcourt — New York, NY
Robert P. Leighton — New York, NY
M. Mark Lesher — Mt Pleasant, TX
Richard W. Levitt — New York, NY
Alex Lewenberg — Melbourne, Australia
Jonathan D. Libby — Los Angeles, CA
Steven J. Logan — Pittsburgh, PA
Bruce Lorenzen — Hartford, CT
Abbe David Lowell — Washington, DC
Richard G. Lubin — West Palm Beach, FL
In memory of Richard Sharpstein
John W. Lundin — Seattle, WA
Paul D. MacAulay — Rochester, NY
James Macguill — Dundalk, Ireland
Christopher X. Maher — Carmel, NY
Col. Conrad F. Mallek — Yuma, AZ
Steven D. Mank — Wichita, KS
Mark Manweiler — Boise, ID
John J. Martucci Jr. — Philadelphia, PA
Heather J. Mattes — West Chester, PA
Kenneth L. Maxwell Jr. — Sweetwater, TX
William R. Maynard — El Paso, TX
Jessica C. McElfresh — San Diego, CA
James H. M. McGowan — Hong Kong, China
Jose L. Mendoza — Phoenix, AZ
Rebecca Mendribil — Santa Rosa, CA
Merck Foundation
Bryan A. Mobley — Baltimore, MD
Jeffrey A. Moots — Hagatna, GU
Melinda Morgan Austin — Florence, AL
E. G. Morris — Austin, TX
Stephen A. Munkelt — Nevada City, CA
Michele Murphy — Baltimore, MD
Bradley D. Myerson — Manchester Center, VT
Aaron J. Mysliwiec — New York, NY
George H. Newman — Philadelphia, PA
Thomas H. Nooter — New York, NY
Brian M. O’Connor — Reston, VA
Maureen O’Leary — Baltimore, MD
Lavdena A. Orr — Washington, DC
Timothy P. O’Toole — Washington, DC
Ledo Harry N. Padilla Martinez — Mayaguez, PR
Jo Ann Palchak — Tampa, FL
Steven W. Panagiotes — Fitchburg, MA
Jerome Paun — Willimantic, CT
Robert Peck — Brooklyn, NY
Perkins Coie
Mary Ellen Pernice — West Chester, PA
In memory of John McDougall
Jerri Peyton-Braden — Towson, MD
Karen Held Phipps — Columbus, OH
Merrill B. Portney — Dedham, MA
Margaret S. Raben — Detroit, MI
Mycki Ratzan — Miami, FL
In memory of Richard Sharpstein
Norman L. Reimer — Washington, DC
Andrea C. Rendo — Mount Kisco, NY
Murray Richman — Bronx, NY
J. Keith Rigg — Des Moines, IA
Robert M. Ross — Encino, CA
Jeffrey D. Ross — Phoenix, AZ
Pamela Lori Ross — Blue Bell, PA
In memory of John McDougall
David L. Rowthorn — Cleveland, OH
Ronald G. Russo — New York, NY
Kerri L. Ruttenberg — Washington, DC
Efrain Sain — Dallas, TX
Jon M. Sands — Phoenix, AZ
Edward V. Sapone — New York, NY
Melinda M. Sarafa — New York, NY
Marvin E. Schechter — New York, NY
Barry C. Scheck — New York, NY
Richard Sciorillo — Glassboro, NJ
In memory of John McDougall
Raven S. Sealy — Oklahoma City, OK
Stephan E. Seeger — Stamford, CT
Dolores M. Seitz — Clifton Heights, PA
In memory of John McDougall
Brian D. Shefferman — Rockville, MD
Barry D. Sheppard — Chicago, IL
Daniel I. Siegel — Wilmington, DE
Sandra Silver — Bala Cynwyd, PA
In memory of John McDougall
Harvey A. Silverglate — Cambridge, MA
Eric Sisser — Miami, FL
In memory of Richard Sharpstein
James D. Smith — Tuscaloosa, AL
Elaine Somma — Miami, , FL
In memory of Richard Sharpstein
Neal R. Sonnett — Miami, FL
Mary Stillinger — El Paso, TX
Michael L. Stout — Las Cruces, NM
Gerhard Strate — Hamburg, Germany
Penelope S. Strong — Billings, MT
Brendan V. Sullivan Jr. — Washington, DC
Marco G. Sulpizi — Los Angeles, CA
James J. Tate — Longport, NJ
In memory of John McDougall
Matthew I. Terry — San Diego, CA
Roma W. Theus II — Wellington, FL
D. Gray Thomas — Jacksonville, FL
In memory of Richard Sharpstein
John M. Thompson — Springfield, MA
Justin A. Thornton — Washington, DC
Jeffrey Trinz — Miami, FL
In memory of Richard Sharpstein
Emily P. Trott — Buffalo, NY
Craig L. Truman — Denver, CO
Scott B. Tulman — New York, NY
Geneva Vanderhorst — Washington, DC
Vinoo P. Varghese — New York, NY
Deja Vishny — Milwaukee, WI
James V. Wade — Mechanicsburg, PA
Sherry Levin Wallach — Mount Kisco, NY
Michelle Marie Warren — Taos, NM
Martin G. Weinberg — Boston, MA
Jeffrey D. Weinkle — Miami, FL
In memory of Richard Sharpstein
Daniel A. Weir – Arlington, VA
In memory of Richard Sharpstein
Christopher A. Wellborn — Rock Hill, SC
Edward D. Wilford — New York, NY
Barbara C. Williams — Evansville, IN
Richard D. Willstatter — White Plains, NY
Francis W. Wilson — Marlton, NJ
William P. Wolf — Chicago, IL
Douglas R. Young — San Francisco, CA
Scenes from the Dinner Gala
FCJ 2014 Annual Report 19
NOTES
1. These reports and others can be found at www.nacdl.org/reports.
2. See www.nacdl.org/discoveryreform/materialindifference/ for the report,
related materials, and a video of the report launch.
3. See www.nacdl.org/domesticdrones.
4. NACDL’s Board of Directors opposes the use of familial DNA testing,
but based upon this research it recommended several safeguards where such
testing is utilized. They can be found at www.nacdl.org/resolutions/2013mm3.
5. See www.nacdl.org/amicus.
6. See www.nacdl.org/reports/thirdpartyrecords/thirdpartyrecords_pdf.
7. Video of the event is available at
www.c-span.org/video/?308986-1/constitutional-searches-privacy.
8. The report is available at www.nacdl.org/fourthamendment.
9. National Inventory of Collateral Consequences of Conviction,
www.abacollateralconsequences.org.
10. See www.nacdl.org/restoration/roadmapreport.
11. Speaker bios, the agenda, and a video of the event are available online at
www.nacdl.org/restoration.
12. See www.nacdl.org/rightsrestoration.
13. The college was presented in partnership with Cardozo Law School.
14. See www.nacdl.org/electronicrecordingproject.
15. See www.nacdl.org/ExcessiveSentencing.
16. See www.nacdl.org/coveringcriminaljustice.
17. See www.nacdl.org/racialjustice.
18. See www.nacdl.org/racialjustice.
FCJ 2014 Annual Report c3
Foundation for Criminal Justice®
1660 L St. NW, 12th Floor
Washington, DC 20036
(202) 872-8600
www.nacdl.org/foundation
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