ACDL-NJ News


ACDL-NJ helps score a major win for the attorney-client privilege in New Jersey

posted Aug 20, 2019, 11:51 AM by ACDL-NJ Administrator   [ updated Aug 20, 2019, 12:54 PM by Josh G ]

August 16, 2019 -- Attorneys representing the ACDL-NJ helped achieve a major victory for defendants’ rights, defeating a New Jersey state prosecutor’s bid to force a criminal defense attorney to testify in a grand jury proceeding against a former client pertaining to, among other issues, the substance of the client’s communications with his lawyer.

(https://www.law.com/njlawjournal/2019/08/16/judge-rejects-bergen-prosecutors-bid-to-compel-defense-lawyers-testimony-against-his-client/)

THE ACDL-NJ OPPOSES ABA RESOLUTION 114

posted Aug 18, 2019, 8:10 PM by Josh G   [ updated Aug 18, 2019, 8:11 PM ]

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.

ACDL-NJ 7/10/19 Statement Regarding Call for Removal of Two Superior Court Judges

posted Aug 2, 2019, 10:33 AM by ACDL-NJ Administrator   [ updated Aug 2, 2019, 10:34 AM ]


ACDL-NJ Installation of Officers and Trustees, May 3, 2018

posted Jun 7, 2018, 8:24 AM by ACDL-NJ Administrator   [ updated Jun 7, 2018, 8:31 AM ]


ACDL-NJ Officers are sworn in.  L to R: ACDL-NJ Vice President Aidan P. O'Connor; Vice President Linda D. Foster; President-Elect John A. Azzarello; President Sharon Bittner Kean; Vice President Mark H. Friedman; Secretary/Treasurer Matthew S. Adams

ACDL-NJ President Sharon Bittner Kean






ACDL-NJ Past and Current Presidents: Donald DiGoia (2009-10); Joseph A. Hayden, Jr. (1985-86); Robert S. Bonney, Jr. (2005-06); Sharon Bittner Kean (2018-19); Brian J. Neary (1997-98)

Sharon Bittner Kean and 2018 Whipple Award Recipient (and ACDL-NJ Past President) Miles Feinstein



ACDL-NJ Past President Michael Baldassare, Miles Feinstein, ACDL-NJ Trustee Jennifer Mara

ACDL-NJ Trustee Michael P. Koribanics and Miles Feinstein

ACDL-NJ's 26th Annual Super Saturday Seminar, October 18, 2014

posted Nov 2, 2014, 6:45 PM by ACDL-NJ Administrator


Participants in the ACDL-NJ Super Saturday's panel discussion on "Ethics: Professionalism in the Practice" (L to R): Sabrina Comizzoli, Executive Assistant U.S. Attorney & Chief of Staff, U.S. Attorney’s Office, District of New Jersey; John A. Azzarello, Esq., Partner, Whipple Azzarello, LLC; Honorable Michael A. Shipp, United States District Judge, District of New Jersey; Honorable Anne M. Patterson, Justice, Supreme Court of New Jersey; John M. Fietkiewicz, Counsel to the U.S. Attorney

ACDL-NJ Installation of Officers, May 29, 2014

posted Aug 9, 2014, 11:30 AM by ACDL-NJ Administrator   [ updated Aug 9, 2014, 11:32 AM ]


ACDL-NJ Officers: President Joseph D. Rotella, Vice President Michael J. Sullivan, Vice President 
Judith B. Fallon, President-Elect Michael A. Baldassare, Secretary/Treasurer Sharon Bittner Kean, 
Vice President Christopher D. Adams


ACDL-NJ President Joseph D. Rotella and Whipple Memorial Award Recipient Hon. Edwin H. Stern (JAD, Ret.)


Photo credit: Bill Levy

ACDL-NJ Installation of Officers, May 23, 2013

posted Jun 7, 2013, 6:48 PM by ACDL-NJ Administrator   [ updated Aug 9, 2014, 11:20 AM ]

ACDL-NJ Installation of Officers, May 23, 2013


Photo credit: Bill Levy

ACDL-NJ Installation of Officers, May 10, 2012

posted Dec 19, 2012, 9:21 AM by ACDL-NJ Administrator

Photo credit: Bill Levy




ACDL-NJ's 24th Annual Super Saturday Seminar Covers Cutting-Edge Criminal Law, Technology and Immigration Issues

posted Dec 6, 2012, 6:48 AM by ACDL-NJ Administrator   [ updated Jan 30, 2013, 8:21 AM ]



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
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. 





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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. 




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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.

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