ACDL-NJ LONG RANGE PLAN

The Long Range Plan is intended to be the blueprint for ACDL-NJ. Each of its Goals is intended to fulfill the Association’s Mission Statement: by ensuring justice and due process for persons accused of crime; fostering the integrity, independence and expertise of the criminal defense profession; having good law to guide the implementation of the criminal justice system, and promoting the proper and fair administration of justice.

Furthermore, each of the Long Range Plan’s Goals are intended to maintain and enhance the Association’s position as the preeminent organization, within New Jersey, for protecting the rights of the accused and the public.

All initiatives of the Association shall be intended to further the Long Range Plan.

Goal 1. To Work for rational and humane criminal justice policies in New Jersey on the state and federal courts.

A. Protect the Presumption of Innocence, Due Process and the Right to Counsel.

ACDL-NJ will promote, on the local, state, and federal levels, policies that preserve our most cherished and fundamental individual rights and protect against unfair and false charges, prosecutions and convictions.

ACDL-NJ will endorse efforts to prevent law enforcement officials from considering, as indicia of guilt or lack of “cooperation” with a government investigation, the fact that a person or entity has consulted with, retained, or paid for a lawyer. ACDL-NJ will continue its work to safeguard the right to counsel and the right to the attorney-client relationship free from undue intrusion by the government. ACDL-NJ’s efforts will continue to be multi-faceted, and at all levels of the government - in the state and federal courts, legislative branch, executive branch and other executive dialogues, and in the media.

ACDL-NJ will champion legislative reform of the grand jury process, so that it is occupies its historical and rightful status as a check against government excess, rather than a total captive of the prosecution. Among the reforms ACDL-NJ will advocate: witnesses’ right to counsel in the grand jury room, the disclosure of all exculpatory evidence, the exclusion of unconstitutionally obtained evidence, the right of a witness to a transcript of his or her testimony and the right of a defendant to a transcript of the proceedings before the grand jury.

ACDL-NJ will support: meaningful reform of the reliance on eyewitness identification procedures to improve eyewitness accuracy and reliability, mandatory videotaping of all interrogations and statements to guard against false, manipulated, or coerced statements; the elimination of questionable forensic science; and strong curbs on the use of notoriously untrustworthy jailhouse testimony or testimony of cooperating witnesses in exchange for leniency.

ACDL-NJ will advocate for more open and fair discovery procedures such as: depositions and interrogatories; the provision of witness lists; and access to all evidence, including, where appropriate, discovery.

B. Expose and Correct the Convictions of Innocent Persons

ACDL-NJ will support the creation of Innocence Commissions to review and report on the causes of wrongful convictions.

ACDL-NJ will promote Innocence Projects at law schools to assist the wrongfully convicted.

ACDL-NJ will promote innocence protection legislation to eliminate procedural hurdles to defense access to probative evidence and expert witnesses who can help exculpate the wrongfully convicted.

ACDL-NJ will promote legislation to fairly and promptly compensate persons wrongfully convicted of crimes.

ACDL-NJ will work with its allies to improve the work product, oversight and independence of crime laboratories.

C. Restoration of Habeas Corpus

ACDL-NJ will promote the restoration of the Great Writ of Habeas Corpus to its traditional and essential role as a curb on criminal justice system abuses and wrongful conviction and incarceration. At a minimum, actual innocence and new exculpatory evidence must be cognizable on habeas review.

D. Eradicate overly punitive measures to cure social ills:

ACDL-NJ will strive to abolish unjust, inefficient and counter-productive laws, such as those providing for mandatory minimum sentences; the undue prosecution of children as “adults” and the prosecution of those with mental illness, mental retardation and addiction.

ACDL-NJ will oppose “three strikes” laws, punitive post sentence sex offender statutes and ordinances.

ACDL-NJ will vigorously oppose assertions of unchecked executive authority and other unconstitutional encroachments on our cherished rights and liberties in the guise of security or responses to terrorism.

1. ACDL-NJ will work to bring about fundamental reform of criminal law based drug control policies inasmuch as the current “War on Drugs” has increased crime and disorder arising from the illicit drug market; compromised constitutional guarantees, increased prison populations due to discretionless minimum mandatory sentences, clogged court systems, disproportionately targeted persons of color and the poor, and has diverted essential resources from programs necessary to treat substance abuse.

E. Eliminate Bias in our System of Criminal Justice.

ACDL-NJ will continue to work for equal justice in the criminal law. Because the death penalty has historically been applied in an arbitrary fashion with an unequal impact on racial and ethnic minorities as well as the poor, ACDL-NJ will support legislation abolishing or imposing a moratorium on the death penalty. ACDL-NJ will urge the Legislature to reduce harsh and racially discriminatory drug penalties and punishment schemes. ACDL-NJ will promote legislation prohibiting racial profiling, disparate enforcement of draconian drug and forfeiture laws.

F. Eliminate One Size Fits All, Discriminatory and Abusive Bail Practices.

1. ACDL will oppose, through litigation if necessary, New Jersey's, present bail procedures which principles constitute a violation of the notion of an independent judiciary guided by individual facts of a case and court rules.

2. ACDL-NJ will actively oppose, through litigation if necessary, abusive bail practices such as high bails for disorderly offenses.

3. ACDL-NJ will oppose the dilution of the presumption of innocence inherent in the requirement of proof of source of the funds without any burden on the prosecution to prove evidence that there is a basis to question a bail posting.

Goal 2. To Further Achieve and Safeguard New Jersey's Respect and Support for Due Process of Law.

A. ACDL-NJ will develop concise public policy papers and briefing papers on cases and criminal justice topics in the news. When appropriate, resolutions passed by the board of directors will be converted to position papers on their respective subjects. ACDL-NJ will also continue to utilize the technique of presenting one-day symposia in conjunction with educational institutions and public interest groups, and to disseminate materials generated by these programs.

B. ACDL-NJ will continue to develop a forceful grassroots movement among members willing to discuss criminal justice issues in their own communities. The Organization will compose and disseminate speaker kits on a variety of topics to facilitate presentations by members.

C. ACDL-NJ will encourage members to forward to the Organization and web site, outlines of current examples of noteworthy victories, as well as examples of injustice and corrections of unjust results, including innocent and unjustly accused persons, corrupt police labs, police brutality, prosecutorial misconduct, and exposure of corruption and injustice committed in furtherance of otherwise appropriate prosecution goals.

D. ACDL-NJ will work with broadcast networks to provide quality legal commentators on important cases and issues and to establish ACDL-NJ as the source for informed representation of the defense position. ACDL-NJ will seek to enhance the communication skills of our members in media relations, and ensure that they have accurate and up-to-date information on current topics. Additionally, ACDL-NJ will communicate directly with the media, where appropriate, to correct misstatements of legal concepts reported in the media.

E. ACDL-NJ will augment our relationships with policy makers, professional journalists, researchers and editorial boards to promote the education of the American public and its elected representatives about our mission.

F. In addition to its legislative and amicus efforts, ACDL-NJ will continue, through its Lawyers Assistance Strike Force, to come to the aid of lawyers who are targeted by prosecutors, law enforcement agencies, courts or other government entities for vigorously representing their clients.

G. ACDL-NJ will continue to support the fundamental, constitutional principle of an independent and impartial judiciary.

H. ACDL-NJ will actively, through litigation if necessary, oppose the abuses rampant in our municipal courts, some of which include: inappropriate demeanor of judges and staff directed toward litigants and attorneys; excessive bails for minor offenses; ex parte contacts between judges and prosecutors or police officers; inappropriate association and contact between court staffs and police and/or prosecutors; abuse of contempt proceedings; the refusal of courts to accept time payments; the refusal of courts to appoint counsel for the indigent and/or indigent fees for counsel unrelated to individual ability to pay.

Goal 3: To expand ACDL-NJ’s leadership role in elevating the quality of criminal defense and the effective assistance of counsel.

A. ACDL-NJ will work with affiliate groups and political bodies to promote public respect for and recognition of the value of criminal defense services and providers to guarantee fair and respectful treatment by politicians, administrators, judges and prosecutors. Moreover, ACDL - NJ will work to guarantee the independence of those who represent criminal defendants from interference by executive, prosecutorial or judicial agencies.

B. ACDL-NJ will support the use of strategies and methodologies, including litigation and litigation related efforts to remedy the systemic lack of resources available to defend those in need at the municipal level such as the current system of mandatory pro bono representation. ACDL-NJ’s strategic litigation program will include volunteer attorney and Organizational resources marshaled to support systemic litigation.

C. ACDL-NJ will press for legislation to provide adequate compensation for qualified pool attorneys.

D. ACDL-NJ will oppose, at the municipal level, any system of indigent defense services based solely on lowest bid, or any system which has the effect of encouraging less-than-vigorous advocacy on behalf of the accused, or which places the defense at a systemic disadvantage because of the lack of resources for support services such as investigators and experts.

Goal 4: To assist in abolishing the death penalty wherever it exists.

A. ACDL-NJ will work with groups and individuals opposing capital punishment and with those fighting the death penalty in individual cases. ACDL-NJ will work with coalition partners to reform or abolish the death penalty, and assist other coalitions to abolish the death penalty. ACDL-NJ will continue to educate the public about the arbitrariness and unreliability of the death penalty, its unfair implementation and the need for high quality and fully compensated counsel, investigators and expert witnesses in capital litigation.

Goal 5. To Ensure Justice for Juveniles

ACDL-NJ, through its leadership and Juvenile Justice Committee, will:

1. Provide continuing legal education and training for lawyers who represent juveniles in state and federal proceedings. This shall include education through publications, stand-alone and regular seminar programs, and joint seminars with other juvenile advocacy groups.

2. Educate the public and legislators regarding direct and collateral consequences of juvenile dispositions.

3. Oppose legislation which unfairly prejudices accused juveniles, including legislation lowering the age at which a child may be tried as an adult, increasing the number of offenses which make an accused juvenile eligible for trial as an adult, and providing the prosecution with ultimate decision- making as to whether a juvenile should be tried as an adult.

4. Ensure that juveniles be provided with appropriate rehabilitative services and alternative sentencing.

5. Ensure that juveniles be educated as to their constitutional and statutory rights.

6. ACDL will oppose the application of Megan's Law to juveniles.

Goal 6. To Evaluate ACDL-NJ’s Organizational Structure.

To ensure that ACDL-NJ’s structure continues to meet its goals, the Executive Officers in conjunction with the Board of Trustees shall evaluate the manner in which ACDL-NJ operates. The Executive Committee will confer on a periodic basis to insure that proper oversight of the Organization and its goals.

A. Board Membership.

ACDL-NJ should develop a Nominating Committee to improve the present Board and officcer nominating process. The Nominating Committee is directed to assure diversity of representation among the regions of the state whenever practicable, and to ensure minority and gender representation on the Board of Directors. The Nominating Committee will develop a more orderly process as well as appropriate deadlines for prospective board members to be nominated.

The President shall confer with any Trustee who has missed three meetings during the President’s term, to discuss that Trustee’s continued Board membership.

The Nominating Committee will develop an orderly process as well as an appropriate deadline for prospective Board members to be nominated so as to insure for careful consideration of all nominees.

Nomination to a second or further term on the Board of Trustees should not be automatic. When considering the question of whether to nominate the following entities should be taken into consideration: attendance at meetings; participation in recruitment of new members, attempts to retain current members, mentoring of new members, and committee involvement.

B. Promoting Leadership Development through Leadership Succession:

To promote leadership continuity and development, committee vice-chairs will be appointed by the President and President Elect. One Executive Officer shall be assigned to be a member of each active committee to promote coordination of the goals of the committee with the long range objectives of the Organization.

C. Planning for Committee Work.

Each committee will have a mission statement, an annual working plan, and, if appropriate, a budget request. The budget request must be submitted before the annual budget is prepared. The plan will be submitted by the committee chair(s) and vice-chair(s) to the Executive Officers before the annual retreat.

The plan will detail the committee’s anticipated efforts for the upcoming year, how the efforts will contribute to the ACDL-NJ’s long range goals, anticipated staffing needs/staff assistance, and likely costs, if any. The Executive Officers are encouraged to hold an annual meeting with all committee chairs and vice-chairs to assess the long range goals of the current administration and the various committees’ roles toward achieving those goals for the Association.

D. Sunset Provision for Committees.

ACDL-NJ’s President and President-Elect will confer, and the President shall discontinue committees that are not contributing to attainment of the Association’s goals.

E. Financial Management.

ACDL-NJ will form a standing Budget Committee charged with proposing a yearly budget to be approved by the Board. The Treasurer, in conjunction with the Budget Committee will present detailed financial reports at least quarterly. The Executive Director will identify to the Budget Committee and the Board a detailed annual audit and anticipated budget. The Executive Director will prepare a forecast of financial requests before the annual budget is prepared.

F. Strengthen Affiliate Relations:

Affiliated defense attorneys are crucial to the implementation of organizational long-term goals. A separate committee shall be formulated to undertake the task of reviewing the role and function of the ACDL-NJ to determine how best to reach other organizations containing criminal defense attorneys to foster mutual goals.

G. Responsibilities of Trustees.

The Trustees shall be charged with responsibility for committee participation. Trustees shall act as ACDL-NJ liaisons in their communities and professional organizations(s) and participate actively in member recruitment.

H. Site Selection.

ACDL-NJ must select meeting and CLE sites with an eye toward member recruitment. ACDL-NJ must consider whether certain yearly events would be more effective if held in the same location each year or rotate among fixed locations. ACDL-NJ should avoid meeting and CLE sites that are overly difficult to reach.

Goal 7: To increase membership each year and to tailor ACDL-NJ’s efforts to the needs of its members.

A. ACDL-NJ Directors, Officers and past Presidents will contact lapsed members in their communities by letter and phone calls. The Executive Director will regularly provide information on lapsed members for Trustee contact.

B. ACDL-NJ should conduct, at least every 5 years, a comprehensive survey of members to inquire into their needs and expectations.

C. Where opportunities may arise without conflicting with ACDL-NJ core principles, ACDL-NJ will coordinate efforts to interact with bar organizations specifically serving or addressing issues pertinent to racial, ethnic or gender diversity.

D. ACDL-NJ will encourage law students to join and become active in the Organization.

E. ACDL-NJ will review its dues structure with the goal to allow attorneys admitted for five years or less as well as pool attorneys whose practices comprise substantial pool work to enjoy a lower yearly membership fee.

Goal 8. To provide innovative CLE programs that meet the diverse needs of criminal defense lawyers.

To raise the standards of advocacy for criminal defense lawyers.

A. ACDL-NJ will continue to produce quality innovative and timely CLE programs to raise the standards of practice of criminal defense lawyers. ACDL-NJ will present a spectrum of CLE programs targeting its diverse membership and recognizing its members’ different areas of practice. ACDL-NJ is committed to making its programs accessible and relevant to all of its members. CLE programs and association meetings provide an excellent forum to foster affinity among members and promote collegiality.

B. ACDL-NJ will solicit and involve the advance participation of affiliates and public defender offices in site selection, program choices, and event planning to increase CLE attendance of non-members.

C. ACDL-NJ will work to provide creative, innovative and effective continuing education programs that will raise the level of advocacy for criminal defense lawyers in all practice areas. ACDL-NJ will offer “nuts and bolts” programs that benefit many of its members as well as seminars in more specialized areas of practice. The CLE Committee will identify and recruit talented presenters. Presenters should represent a broad spectrum of legal expertise. The CLE Committee can propose financial reimbursement, where necessary, to obtain quality speakers.

D. ACDL-NJ will re-institute its scholarship program to provide yearly scholarships to the NCDC. A scholarship committee shall be formed to set criteria and procedures.

Goal 9. To Use New Technology for Members’ Benefit and to Improve Delivery of Member Services.

A. ACDL-NJ will promote members’ access to computer technology by seeking affinity group partnerships that will offer members technological equipment and services at affordable prices.

1. Maintaining a free, private and secure internet is essential to all ACDL-NJ goals. Legislative initiatives must be consistent with the goal to maintain a free and secure internet. Moreover, ACDL-NJ must protect the attorney client privilege from all technological incursions.

2. ACDL-NJ will continue to make our members and affiliates aware, through CLE, its website, and list-serve of emerging technologies and the potential of those technologies to improve members’ practices.

3. ACDL-NJ must take appropriate action to secure the privacy of it’s members’ communications and information.

B. ACDL-NJ will enable Members to Electronically Access ACDL-NJ Resources:

1. ACDL-NJ will establish website fora by practice specialties.

2. ACDL-NJ will make available on its website or via on line links, materials on ACDL-NJ’s member document repositories such as brief and motion banks.

3. ACDL-NJ will to develop fora on the website geared toward each committee topic.

C. ACDL-NJ will use Technology to Educate the Public:

To meet the public education goal established in this Long Range Plan, ACDL-NJ will use available technologies to channel information to the media and to the public.

D. ACDL-NJ will make its membership directory available in the public section of its website in order to serve as a resource to the public to find criminal defense representation.

Goal 10. To enhance non-dues revenue streams.

ACDL-NJ must increase all revenues if it is to fund its plans and augment its capacity to fulfill its mission. There must be a sustained commitment to cultivate program-specific funding sources, as well as general support for the Organization. ACDL-NJ should create and work in partnership with a supporting 501 ( c ) (3) organization, such as NACDL's Foundation for Criminal Justice, to sustain short and long-term fund raising initiatives including an annual campaign, an endowment fund campaign and planned giving. Board members and leaders will participate in all aspects of these initiatives consistent with their ability to do so. A member committee will be established to work in conjunction with the Foundation to develop strategies for increasing revenue.

Goal 11. To Achieve Continuity in the Long Range Plan.

To meet the goals set for the association, the Long Range Planning Committee shall report as necessary on ACDL-NJ’s progress toward fulfilling its goals. In its monitoring and advisory efforts, the committee’s membership will be staggered to allow for both continuity and for “new blood.” Four members will be appointed each year to three year terms.

ACDL-NJ will review its long range plan every five years, with necessary updates and adjustments approved by the Committee at other times as the Committee deems necessary.

The Long Range Plan will be presented on ACDL-NJ’s website and any member handbook.

The Committee will actively consult with Board and other committee members with an eye toward necessary Long Range Plan revisions. Moreover, to ensure the direct flow of information, the Long Range Planning Committee (“LRPC”) chair or co-chair will attend each Board or Executive Officer retreat. Moreover, to further ensure Plan integration in ACDL-NJ efforts, the Chair or Co-Chair of the LRPC will be a standing member of the Budget Committee.

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