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Public Defense in Misdemeanor Cases: How to Make the Promise of Argersinger Real in 21st Century America

Friday, July 11, 2008
9 a.m. - 4:30 p.m.
Seattle University School of Law

Sponsored and organized by the National Association of Criminal Defense Lawyers and The Defender Initiative at Seattle University School of Law

CLE Credits: 5.25 (1.25 in ethics)

The National Association of Criminal Defense Lawyers and The Defender Initiative at Seattle University School of Law are hosting two conferences, one in New York and one in Seattle, to examine the strengths and weaknesses of misdemeanor public defense in the United States and to develop recommendations for improvement.

The conferences will be a key part of a project that will include site visits in eight states and a review of case law and publications related to provision of misdemeanor public defense. The project will culminate in a report to the NACDL Board of Directors and in recommendations to be published and available on the internet.

The New York conference was held at The Open Society Institute on May 9, 2008, and information is available at www.nacdl.org.

The Seattle conference will be held on July 11. There is no charge to attend this conference, but advance registration is required. Registration is limited to the first 100 people to sign up.

Register Online | Register by Mail

Conference Moderator: Robert C. Boruchowitz, Visiting Clinical Professor of Law, Director, The Defender Initiative, Seattle University, and former Director, The Defender Association

King County, Washington, Superior Court Judge Ron Kessler and Malia Brink, NACDL Counsel for Special Projects, will each moderate one of the panels.

Bob Spangenberg, The Spangenberg Group, will speak briefly during the lunch hour on the increases in misdemeanor filings nationally and on decriminalization ideas.

Panelists

Program Agenda


8:30 - 9 a.m. Registration
9 - 9:15 a.m. Introduction: Robert C. Boruchowitz—Range of Misdemeanor Challenges and Possible Alternatives
9:15 - 10:30 a.m.

Scope of Practice, Systemic Problems and Innovations—Moderator, Bob Boruchowitz

Chris Jackson—expectations for misdemeanor defenders; value of appeals
Lisa Daugaard—developing DWLS 3 diversion and re-licensing
Keith Asphy—what a client experiences
Robert Gombiner—the need to pay attention to later consequences of a misdemeanor plea
Todd Maybrown—experience of private counsel, “evidence problems”, whether municipal courts should be abolished.

10:30 - 10:45 a.m. Break
10:45 a.m. - 12 p.m.

Logistical, Due Process and Ethical Considerations in Providing Counsel and in Prosecution Practices

Judge Kessler, Moderator: Judge's obligation to refer misconduct and ineffective assistance to bar association
Judge Portnoy: Value of defenders at Arraignment
Judge Rietschel:Value of defenders at all hearings; value of diversion; expectations of defenders
Mike Finkle: Ethical concerns in prosecutors' talking to defendants

12 - 12:40 p.m.

Systemic Problems—Malia Brink, moderator

Andrea Marsh—Rothgery and the denial of counsel
Nick Licata—The Importance of Defender Standards
David Butler—What a contract defender with too many cases can do

12:45 - 1:30 p.m. Lunch
1:15 p.m. Bob Spangenberg—Increases in filings; need to decriminalize
1:40 - 3:40 p.m. Small Group Discussions
3:45 - 4:30 p.m. Plenary discussion re recommendations

Interactive panel discussions in the morning will review the strengths of effective defender programs and address major challenges facing defenders in misdemeanors, including:

Panelists will also address issues such as:

Following the morning sessions, conferees will divide into smaller groups to consider specific recommendations for improvement. These ideas may include:

The conference will conclude with a plenary discussion of the ideas developed in the small groups, and consideration of next steps to assist attendees in advancing these ideas.

Registration Information

Registration is free, but advance registration is required.

You may either register online or register via mail.

Cancellation Policy

Should you find it necessary to cancel, please notify the CLE office as soon as possible, so that other potential registrants can take your place. Please call (206) 398-4282, or send an e-mail to mcclurej@seattleu.edu.

Travel & Lodging

A block of rooms is available at the Silver Cloud Hotel, located across the street from the Seattle University campus. The group rate is $169.00/night. You may make a reservation directly with the Silver Cloud Reservations Department by calling 1-800-590-1801. Give the reservations staff the name of our group (SU-Criminal Misdemeanor Conference) and ask for the group rate, to ensure that you are charged properly.

Please view our Travel Information page for help planning your trip to Seattle

For additional information about this CLE seminar, please contact Julie McClure at the Office of Continuing Legal Education at mcclurej@seattleu.edu or by phone at (206) 398-4282.

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