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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 © Jerry Sliwowski | Dollarphotoclub