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Gideon at 50: Reassessing the Right to Counsel

gideon.jpgThe symposium took place on November 8-9 and was a great success.  The Law Review and Law Center would like to thank the NACDL, the participants, and all the Law Review and W&L Law staff who made the event possible. The video of the symposium will be available through this website, and the Law Review looks forward to publishing the robust exchange of ideas on Gideon and the fundamental right to indigent defense in its symposium issue in Summer 2013.

Any questions, contact:

Carney Simpson,
Symposium Editor, simpson.c@law.wlu.edu

Alex Sugzda,
Editor in Chief, sugzda.a@law.wlu.edu.

Jump To: Schedule | Participant Bios | Registration | Directions

Symposium Schedule

Thursday, November 8

4:30 - Welcome and Introductory Remarks  

Carney Simpson and J.D. King

4:45 - Panel 1: Gideon, Strickland, and the Right to Effective Representation  

Brandon Garrett
Don Dripps
Ty Alper
Robin Steinberg
Moderator: Erik Luna

Friday, November 9

9:00 - Opening Remarks

Alex Sugzda and Nora Demleitner

9:15 - Panel 2: Unanticipated Consequences And Enmeshed Penalties: Gideon and Misdemeanors 

Erica Hashimoto
Alexandra Natapoff
Jenny Roberts
Moderator: Norman Reimer

10:45 - Break

11:00 - Panel 3: New Cases and New Tactics: Approaching Gideon Through a Modern Lens  

Josh Bowers
Ron Wright
Margareth Etienne
John Gross
Moderator: Nora Demleitner

12:30 - Lunch in the Faculty Lounge

2:00 - Remarks

Steve Benjamin

2:45 - Break

3:00 - Panel 4: The Future of the Right to Counsel 

Stephanos Bibas
Cara Drinan
Abbe Smith
Bob Mosteller
Moderator: Rick Jones

4:30 - Closing Remarks    

J.D. King

Participants

Ty Alper

Ty Alper
University of California, Berkeley

Before joining Berkeley Law in 2004, Ty Alper was a staff attorney at the Southern Center for Human Rights in Atlanta. A former law clerk to Chief Judge Harry T. Edwards on the U.S. Court of Appeals for the D.C. Circuit, Alper served as senior articles editor of the New York University Law Review. At the Southern Center, Alper represented Alabama and Georgia death row inmates in all stages of state and federal post-conviction proceedings. He also represented hundreds of Alabama prisoners in federal class-action litigation concerning unconstitutional conditions of confinement. Alper previously served as an E. Barrett Prettyman Fellow at Georgetown University Law Center's Criminal Justice Clinic, where he received an LL.M. in Trial Advocacy. In 2010, the Federation of State Medical Boards awarded Alper the Ray L. Casterline Award for Excellence in Writing for his article on the role of state medical boards in the regulation of physician participation in executions. In 2008, his research into state animal euthanasia statutes and lethal injection protocols received national media attention and was cited by Justice John Paul Stevens in his concurring opinion in Baze v. Rees, 553 U.S. 35 (2008). In 2007, Alper received an "Angel Award" from California Lawyer in recognition of his "fierce commitment to pro bono cases." In 2003, Alper received the Recent Graduate Award from New York University School of Law in recognition of his professional achievements. View Paper Abstract

Steven Benjamin

Steven Benjamin
President, National Association of Criminal Defense Lawyers

NACDL President Steven D. Benjamin is an attorney in private practice with the Richmond, Virginia firm of Benjamin & DesPortes. He serves as Special Counsel to the Virginia Senate Courts of Justice (Judiciary) Committee, and is a member of the Virginia Board of Forensic Science and the Virginia Indigent Defense Commission. He is a Past President of the Virginia Association of Criminal Defense Lawyers. Mr. Benjamin was counsel in the landmark Virginia Supreme Court decision recognizing a constitutional right to forensic expert assistance at state expense for indigent defendants. He is a recipient of the Virginia State Bar’s Lewis F. Powell Pro Bono Award in recognition of his years of indigent defense and efforts toward indigent defense reform. He is a frequent lecturer on criminal justice and defense issues, and is a Fellow of the American Board of Criminal Lawyers.

Stephanos Bibas

Stephanos Bibas
University of Pennsylvania

Stephanos Bibas studies the powers and incentives that shape how prosecutors, defense counsel, defendants, and judges behave in the real world of guilty pleas. His 2004 paper, “Plea Bargaining Outside the Shadow of Trial” (Harvard Law Review), explored the agency costs, structural forces, and psychological biases that cause plea bargaining to deviate from expected trial outcomes. He also studies the divorce between criminal procedure’s focus on efficiency and criminal law’s interest in healing victims, defendants, and communities. His new book (The Machinery of Criminal Justice, Oxford 2012) explains how criminal justice should do more to encourage
acceptance of responsibility, remorse, apology, and forgiveness.As director of Penn’s Supreme Court Clinic, Bibas litigates a wide range of Supreme Court cases. He and his co-counsel won a landmark victory inPadilla v. Kentucky in 2010, persuading the Court to recognize the right of noncitizen defendants to accurate information about deportation before they plead guilty. His academic work played a central role in the Supreme Court’s landmark case of Blakely v. Washington. View Paper Abstract

Josh Bowers

Josh Bowers
University of Virginia

Josh Bowers joined UVA in 2008 after two years as a Bigelow Fellow at the University of Chicago Law School. Bowers graduated Order of the Coif from New York University School of Law, where he was a notes editor of the Law Review. After law school, he clerked for Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit. Next, he worked an associate at Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., a boutique white-collar criminal defense firm in New York City. After that, he spent three years as a criminal defense attorney for the Bronx Defenders, a community-based public defender organization. Bowers’ research and teaching interests include criminal law, criminal justice and criminal procedure. Specifically, he explores on-the-ground enforcement and adjudication of criminal law, which is shaped not solely by what happens at trial and on appeal, but by the day-to-day decisions made and actions taken within communities, police precincts and courthouses. He focuses on the often-competing (but sometimes harmonious) incentives of various institutional actors, concentrating particularly on underappreciated differences in the ways in which police, prosecutors, defense attorneys and judges approach petty and serious cases. View Paper Abstract

Nora Demleitner

Nora Demleitner
Dean, Washington and Lee School of Law

Dean Demleitner received her J.D. from Yale Law School, her B.A. from Bates College, and an LL.M. with distinction in International and Comparative Law from Georgetown University Law Center. After law school Dean Demleitner clerked for the Hon. Samuel A. Alito, Jr., then a member of the U.S. Court of Appeals for the Third Circuit. Dean Demleitner teaches and has written widely in the areas of criminal, comparative, and immigration law. Her special expertise is in sentencing and collateral sentencing consequences. At conferences around the country she regularly speaks on sentencing matters, often in a comparative context, and issues pertaining to the state of legal education.

Cara Drinan

Cara Drinan
Catholic University Columbus School of Law

Cara Drinan teaches criminal law, criminal procedure and a seminar on gender and the law. Her research focuses on criminal justice reform and addresses topics such as systemic Sixth Amendment litigation, congressional efforts to improve indigent defense services, and juvenile sentencing policy. Drinan currently serves on the Executive Committee for the ABA’s Corrections Committee. In addition, she is a member of the NLADA’s Research and Data Analysis Advisory (RDA) Committee. The RDA Committee has been charged with identifying best practices for defenders nationwide regarding data collection and evidence-based advocacy. Drinan holds a B.A. in Economics from Bowdoin College, an M.A. from Oxford University in Politics, Philosophy and Economics, and a J.D. from Stanford Law School. She was a 1995 recipient of a Truman Scholarship and a 1997 recipient of a Marshall Scholarship. View Paper Abstract

Don Dripps

Don Dripps
University of San Diego

Professor Donald A. Dripps is a recognized scholar of criminal procedure, evidence and criminal law, and also teaches administrative law. He was editor-in-chief of the Michigan Law Review and is a member of the Order of the Coif. After receiving his law degree, Dripps worked as a law clerk for Judge Amalya Kears of the Second Circuit Court of Appeals in New York City. Since then he has been an assistant professor at the University of Illinois College of Law, a visiting professor at Duke University School of Law, a visiting professor at Cornell University Law School, and the James Annenberg Levee Professor of Criminal Procedure at the University of Minnesota Law School. View Paper Abstract

Margareth Etienne

Margareth Etienne
University of Illinois

Margareth Etienne, Nancy Snowden Research Scholar in Law, has been teaching Criminal Law and Procedure at the University of Illinois at Urbana-Champaign since 2001, where she is currently the Associate Dean for Academic Affairs. Her scholarship focuses on the criminal defense bar and on criminal sentencing and has been published in the Stanford Law Review, The New York University Law Review, the California Law Review and the Journal of Criminal Law and Criminology. In 2004, Professor Etienne was awarded a Fulbright Grant to conduct judicial training on white collar crime in Senegal. She served on the Executive Board of the AALS Section on Professional Responsibility. Etienne received her bachelor's degree in history with honors from Yale University, and earned her law degree from Yale Law School. Following a clerkship with Judge Diana G. Motz on the United States Court of Appeals for the Fourth Circuit, she was a public defender in state and federal courts for several years. View Paper Abstract

Brandon Garret

Brandon Garrett
University of Virginia

Brandon L. Garrett's research and teaching interests include criminal procedure, wrongful convictions, habeas corpus, corporate crime, civil rights, civil procedure and constitutional law. His recent research includes studies of DNA exonerations and organizational prosecutions. Harvard University Press recently published Garrett’s book, "Convicting the Innocent: Where Criminal Prosecutions Go Wrong," examining the cases of the first 250 people to be exonerated by DNA testing. Garrett is currently working on a new book, in contract with Harvard University Press, examining corporation prosecutions.  Garrett attended Columbia Law School, where he was an articles editor of the Columbia Law Review and a Kent Scholar. After graduating, he clerked for the Hon. Pierre N. Leval of the U.S. Court of Appeals for the Second Circuit. He then worked as an associate at Neufeld, Scheck & Brustin LLP in New York City. View Paper Abstract

John Gross

John Gross
Indigent Defense Counsel, National Association of Criminal Defense Lawyers

John Gross helps the NACDL devise legislative and litigation strategies, working closely with NACDL’s leadership, committees, affiliates and pro bono outside counsel, as well as liaising with other legal and professional organizations. View Paper Abstract

Erica Hashimoto

Erica Hashimoto
University of Georgia

Erica J. Hashimoto teaches in the areas of criminal law, evidence, legal profession and sentencing. Hashimoto developed a practical understanding of criminal law while serving four years as an assistant federal public defender in the Office of the Federal Public Defender in Washington, D.C. In this position, she gained significant trial experience representing clients charged with a variety of federal crimes, including the possession of guns and drugs, fraud and threats on the president. Prior to holding this position, Hashimoto was a law clerk for Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit (1999-2000) and Judge Paul L. Friedman of the U.S. District Court for the District of Columbia (1997-1999). Hashimoto earned her bachelor's degree with honors from Harvard University and her law degreemagna cum laude from the Georgetown University Law Center. At Georgetown, she served on the Georgetown Journal of Legal Ethics and was inducted into the Order of the Coif. View Paper Abstract

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Rick Jones
Executive Director, Neighborhood Defender Service of Harlem

Rick Jones is the executive director and a founding member of the Neighborhood Defender Service of Harlem (NDS). He is a distinguished trial lawyer with more than 20 years experience in complex multi-forum litigation. Rick is a lecturer in law at Columbia Law School (CLS), where he teaches a criminal defense externship and a trial practice course. He is also on the faculty of the National Criminal Defense College (NCDC) in Macon, Georgia.

J.D. King

J.D. King
Washington and Lee University

J.D. King is the Director of the Criminal Justice Clinic and an Associate Clinical Professor of Law at Washington and Lee University School of Law. In addition to designing and supervising the Criminal Justice Clinic, J.D. teaches in the areas of Criminal Procedure, Evidence, and Professional Responsibility, and writes about criminal defense and prosecution ethics and the right to counsel. He has a B.A. in History and Religious Studies from Brown University, a J.D. from the University of Michigan Law School, and a LL.M. in Advocacy from Georgetown University Law Center. Prior to teaching, J.D. was a Supervising Attorney at the Public Defender Service for the District of Columbia, a Prettyman Fellow at Georgetown University Law Center, and a law clerk to United States District Judge Richard H. Kyle.

Erik Luna

Erik Luna
Washington and Lee University

Erik Luna is Sydney and Frances Lewis Professor of Law at Washington and Lee University. He graduated summa cum laude from the University of Southern California and received his J.D. with honors from Stanford Law School. Upon graduation, Luna was a prosecutor in the San Diego District Attorney's Office and a fellow and lecturer at the University of Chicago Law School. He has served as the senior Fulbright Scholar to New Zealand, where he taught at Victoria University Law School (Wellington, NZ) and conducted research on sentencing alternatives. Luna has also been a visiting scholar with the Max Planck Institute for Foreign and International Criminal Law (Freiburg, DE), a visiting professor with the Cuban Society of Penal Sciences (Havana, CU), and a visiting professional in the Office of the Prosecutor of the International Criminal Court (The Hague, NL). Luna is an adjunct scholar with the Cato Institute and a project director with the Alexander von Humboldt Foundation. He teaches and writes primarily in the areas of criminal law and procedure.

Robert Mosteller

Robert Mosteller
University of North Carolina

Professor Robert P. Mosteller is Associate Dean for Academic Affairs and J. Dickson Phillips Distinguished Professor at the University of North Carolina School of Law.  Prior to joining the UNC faculty in 2008, he taught at Duke Law School where he was the Harry R. Chadwick, Sr. Professor of Law.

Professor Mosteller holds a Masters in Public Policy from Harvard and a J.D. degree from Yale.  After clerking on the United States Court of Appeals for the 4th Circuit with Judge J. Braxton Craven, Jr., he worked for seven years with the Washington, D.C. Public Defender Service where he was Director of Training and Chief of the Trial Division.

Professor Mosteller is a co-author of the McCormick evidence treatise and an evidence casebook and problem book.  He writes and teaches in the areas of evidence and criminal procedure.  In criminal procedure, his recent scholarship has concentrated on provision of quality legal services to those accused of crime and race and the death penalty. In evidence, he has written frequently on the issues of hearsay and confrontation. View Paper Abstract

Alexandra Natapoff

Alexandra Natapoff
Loyola Law School, Los Angeles

Alexandra Natapoff is an award-winning legal scholar and a nationally-recognized expert on criminal informants.  She is Professor of Law at Loyola Law School, Los Angeles, a graduate of Yale and Stanford, and a member of the American Law Institute.  Her book,Snitching: Criminal Informants and the Erosion of American Justice (NYU Press, 2009), won the 2010 ABA Silver Gavel Award Honorable Mention for Books. View Paper Abstract

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Norman Reimer
Executive Director, National Association of Criminal Defense Lawyers

Norman L. Reimer is the Executive Director of the National Association of Criminal Defense Lawyers (NACDL). NACDL is the preeminent organization in the United States advancing the mission of the nation’s criminal defense bar to ensure justice and due process for all and to advocate for rational and humane criminal justice policies. As executive director, Norman Reimer leads a professional staff based in Washington, D.C. serving NACDL’s approximately 10,000 direct members and 90 local, state and international affiliate organizations with up to 40,000 members. Prior to assuming this position Norman Reimer practiced law for 28 years, most recently at Gould Reimer Walsh Goffin Cohn LLP. A criminal defense lawyer throughout his career, with expertise in trial and appellate advocacy in both state and federal jurisdictions, Mr. Reimer is also a recognized leader of the organized bar, and a spokesperson in behalf of reform of the legal system.

Jenny Roberts

Jenny Roberts
American University Washington College of Law

Jenny Roberts teaches in the Criminal Justice Clinic, as well as an Advanced Criminal Procedure course entitled “Plea Bargaining.” Her research focuses on the regulation of actors in the criminal justice system through constitutional law, statute, rules of professional responsibility, professional standards, and culture. Her latest article focuses on Why Misdemeanors Matter, examining the lack of guidance for effective advocacy in the nation’s lower criminal courts, where the vast majority of prosecutions take place. She has written about the “collateral consequences rule” in the context of civil commitment of “sexually violent predators,” and about the link between ineffective assistance of counsel and restrictive discovery rules. A recent article, which Justice Stevens cited in Padilla v. Kentucky, explored the duty of defense counsel to warn clients about collateral consequences. Roberts currently serves on the Board of Directors of the Clinical Legal Education Association, the nation's largest association of law teachers. She is also the Reporter for the National Association of Criminal Defense Lawyers’ Task Force on Restoration of Rights and Status After Conviction. Before coming to American, Professor Roberts was at Syracuse University, where she directed the Criminal Defense Clinic. Prior to that, she was a Senior Research Fellow at NYU Law School’s Center for Research in Crime & Justice, and taught for three years in NYU’s Lawyering Program. She clerked in the Southern District of New York, and was a public defender in Manhattan. She is admitted to the Supreme Court, Maryland, and New York State bars.View Paper Abstract

Abbe Smith

Abbe Smith
Georgetown University

Abbe Smith is Director of the Criminal Defense and Prisoner Advocacy Clinic, Co-Director of the E. Barrett Prettyman Fellowship Program, and Professor of Law at Georgetown University. She joined the Georgetown faculty in 1996. Prior to Georgetown, Professor Smith was Deputy Director of the Criminal Justice Institute at Harvard Law School, and a Clinical Instructor and Lecturer on Law at Harvard. Professor Smith has also taught at the City University New York School of Law, Temple University School of Law, American University Washington College of Law, and the University of Melbourne Law School (Australia), where she was a Senior Fulbright Scholar in 2005-06. Professor Smith teaches and writes on criminal defense, legal ethics, juvenile justice, and clinical legal education. In addition to numerous law journal articles, she is the author of Case of a Lifetime: A Criminal Defense Lawyer’s Story (Palgrave MacMillan, 2008), co-author with Monroe Freedman of Understanding Lawyers’ Ethics (4th ed., Lexis-Nexis, 2010), co-editor with Monroe Freedman of How Can You Represent Those People: Criminal Defense Stories (forthcoming, 2013), and co-author with Charles Ogletree, et al. of Beyond the Rodney King Story: An Investigation of Police Conduct In Minority Communities  (Northeastern University Press, 1994). Professor Smith began her legal career at the Defender Association of Philadelphia, where she was an Assistant Defender, a member of the Special Defense Unit, and a Senior Trial Attorney from 1982 to 1990. She continues to be actively engaged in indigent defense—as both a clinical supervisor and member of the Criminal Justice Act panel for the DC Superior Court—and frequently presents at public defender and legal aid training programs in the United States and abroad. Professor Smith is on the Board of Directors of The Bronx Defenders and the National Juvenile Defender Center, and a longtime member of the National Association of Criminal Defense Lawyers, the American Civil Liberties Union, and the National Lawyers Guild. Court.  In 2010, she was elected to the American Board of Criminal Lawyers, an exclusive national society for outstanding criminal trial lawyers.  View Paper Abstract

Robin Steinberg

Robin Steinberg
Bronx Defenders

Honored by the National Legal Aid and Defender Association for her, “exceptional vision, devotion and service in the quest for equal justice,” by the New York Bar Association for her, “outstanding contribution to the delivery of defense services,” and awarded Harvard Law School’s Wasserstein Fellowship in recognition of her “outstanding contributions and dedication to public interest law,” Robin Steinberg is a leader and a pioneer in the field of indigent defense. A 1982 graduate of New York University School of Law, Robin has been a public defender her entire career. Starting as a criminal trial lawyer with the Legal Aid of Society, continuing her career as a founding member and deputy director of The Neighborhood Defender Service of Harlem, and ultimately creating The Bronx Defenders in 1997, Robin has extensive experience in every aspect of public defense – from representing individual clients to creating a non-profit organization. Today, Robin advocates nationally and internationally for holistic representation and the community defender movement, delivering papers, conducting trainings, and hosting visitors from around the world. She currently serves on the Boards of Directors for the New York State Defender Associations, Roger Williams Law School, and the Journal of Court Innovation, as well as on the New York City Alternative to Incarceration Board and the Center for Court Innovation Internal Review Board. View Paper Abstract

Ron Wright

Ron Wright
Wake Forest University

Ron Wright is one of the nation's best known criminal justice scholars. He is the co-author of two casebooks in criminal procedure and sentencing; his empirical research concentrates on the work of criminal prosecutors. He is a board member of the Prosecution and Racial Justice Project of the Vera Institute of Justice, and has been an advisor or board member for Families Against Mandatory Minimum Sentences (FAMM), North Carolina Prisoner Legal Services, Inc., and the Winston-Salem Citizens' Police Review Board. Prior to joining the faculty, he was a trial attorney with the U.S. Department of Justice, prosecuting antitrust and other white-collar criminal cases. View Paper Abstract

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