August 6, 2019

The Association of Criminal Defense Lawyers of New Jersey (ACDL-NJ) was established in 1985 and its membership is currently composed of private attorneys, public defenders, law professors and various legal professionals.  The ACDL-NJ is the primary organized voice for the criminal defense bar and has been for many years.  

The ACDL-NJ was formed, among other very important reasons, to vigorously protect and defend those individual rights guaranteed to all people by the New Jersey and United States Constitutions. At the very core of those individual rights lies the Due Process Clause of the Fifth and Fourteenth Amendments and the presumption of innocence. ABA Resolution 114, which urges legislatures to adopt affirmative consent requirements and thereby redefine consent in criminal sexual assault cases, threatens to strip individuals accused of sexual assault of their basic rights to due process and the presumption of innocence. As currently constituted, Resolution 114 completely redefines consent in a manner that unconstitutionally shifts the burden of proof to the accused to affirmatively negate a claim of lack of consent by requiring the accused to establish the victim’s consent as “expressed by [the victim’s] words or action.”

Resolution 114 not only violates the presumption of innocence and the protections afforded by the Due Process Clause; it also threatens to eviscerate the defendant’s Fifth Amendment right to remain silent by forcing the defendant to testify to present evidence that consent was expressed. The ACDL-NJ has grave concerns that the Resolution, if adopted by the New Jersey Legislature, will increase the likelihood of wrongful convictions and essentially convert sexual assault statutes to strict liability crimes that focus solely on the victim and completely disregard the mental state of the accused. Criminal liability and exposure to lengthy prison terms should rarely, if ever, be based on an act without giving any consideration to the state of mind of the accused.

For the reasons expressed above, we stand with our national affiliate, the National Association of Criminal Defense Lawyers (“NACDL”), in vehemently opposing ABA Resolution 114 and fully endorse the NACDL’s position statement in opposition to Resolution 114. The NACDL’s statement also includes suggested alternate language which reaffirms the most basic legal tenet that the burden of proof on the issue of consent never shifts from the prosecution.

The ABA House of Delegates is scheduled to vote on Resolution 114 on August 12, 2019.  The ACDL-NJ urges New Jersey’s Delegates to vote NO on ABA Resolution 114.

The ACDL-NJ's 24th Annual Super Saturday continuing legal education seminar on October 27, 2012 was a tremendous success. Thanks to the efforts of our Education and Seminars Committee, Super Saturday attendees received updates on several cutting-edge subjects critical to advising criminal clients, from renowned, knowledgeable speakers.

Hon. Edwin H. Stern (JAD, Ret.) presented "Updates in Criminal Law: A State and Federal Perspective," providing an overview of recent New Jersey and U.S. Supreme Court criminal law decisions, and his perspective on trends in recent criminal jurisprudence. 

Steven Altman, Philip Nettle, and Roy Greenman presented "Computers, Cellphones & GPS: How to Obtain and Use Electronic Data in Your Defense," describing recent examples of significant cases in which understanding current technology made a real difference. 

Finally, Municipal Court Judge Jonathan M. Rosenbluth, J.M.C., Michael Noriega, and Paul H. Feinberg discussed "Ethics & Municipal Court: The Ethics of Representing Clients with Immigration Issues," updating attendees about new ethical obligations in advising clients of immigration consequences arising from the U.S. Supreme Court's Padilla decision and its progeny.  

Panelist the Honorable Ed Stern	ACDL Member Rob Scrivo signs in as Al DeCotiis tries to cut in line while texting a client
Trustee Stacy Biancamano and member Joe Rubino	Joe Rotella and Tim Donohue
President Tim Donohue with the Honorable Jon Rosenbluth	Panelists Mike Noriega and Steve Altman with President-Elect Darren Gelber
As usual, Brian Neary mugs for the camera while Howard Brownstein and Rich Regan try to look interested.	Panelist, the Honorable Jon Rosenbluth
Ginny Whipple, Rich Regan and Tim Donohue	Frank Arleo and Linda Foster
President Tim Donohue celebrates the arrival of the Great Pumpkin

Additional photos can be viewed here.