Developing and leading effective mitigation teams in Capital and Serious Criminal Cases
May 26, 2017 at 2:00 p.m. ET (90 minutes)
Webinar Faculty: Jim Clark and Ed Monahan
About the Webinar: Interdisciplinary team efforts are crucial for successful mitigation outcomes. This webinar shows how defenders can assemble, prepare, manage, and lead teams that create outcomes that truly serve clients' best interests. Topics include the dynamics of successful teams, the role of the team leader, best practices for getting the best from team members, and how to prevent and repair problems that harm team functioning. In addition the webinar introduces and explores the structured "case review" as an important resource for strengthening mitigation teams, while providing defenders with new perspectives and approaches in complex cases. This webinar will provide legal and mental health professionals with the knowledge and strategies to intentionally develop, lead, and participate in effective mitigation teams for clients facing significant sentences, including the death penalty.
About the Faculty: James J. Clark, LCSW, PhD graduated from Siena College (BA, 1980), the University of Kentucky College of Social Work (MSW, 1983), and the University of Chicago School of Social Service Administration (PhD, 1995). He is currently the dean of the Florida State University College of Social Work. He is co-editor of the ABA’s Tell the Client's Story: Mitigation in Criminal and Death Penalty Cases (May 2017). From 2012 to 2015, he served as the director of the School of Social Work at the University of Cincinnati and was on the faculty of the University of Kentucky from 1991 to 2012, including service as the director of the PhD program and as associate dean for research. With colleagues from social work and psychiatry, he cofounded the UK Center on Trauma and Children. He has published in the areas of forensic mental health, child traumatic stress, criminal justice, ethics and accountability, and psychobiography and the study of lives. Dr. Clark has collaborated in interdisciplinary work with public defenders and capital litigators since 1987 and has testified during the mitigation phase of felony and capital trials in Kentucky, Indiana, and Missouri. He continues to consult and testify as a mental health professional in civil and criminal cases across the nation. Ed Monahan is the chief defender of the Kentucky Department of Public Advocacy, the statewide public defense program. He is co-editor of the ABA’s Tell the Client's Story: Mitigation in Criminal and Death Penalty Cases (May 2017). He began as a Kentucky public defender in 1976. Monahan is a member of the ABA Death Penalty Due Process Review Project Steering Committee and the ABA Government and Public Sector Lawyers Division Council, and he served on the ABA Task Force on Preservation of the Justice System from 2011 to 2012 co-chaired by Ted Olsen and David Boies. He is a member of the Steering Committee of the National Association for Public Defense and chairs its Education Committee; a member of the National Association of Criminal Defense Lawyers and co-chairs its Subcommittee on Pretrial Release Advocacy; past chair of the Kentucky Bar Association’s Criminal Law Section; a member of the KBA Ethics Committee (2000–2007; 2008–2011); and past chair of the NLADA American Council of Chief Defenders. Edward is a charter board member of the Kentucky Association of Criminal Defense Lawyers and a past president. He was co-counsel in Gall v. Parker, 231 F.3d 265 (6th Cir. 2000) and Kordenbrock v. Scroggy, 919 F.2d 1091 (6th Cir. 1990) (en banc), both granting federal habeas relief to clients sentenced to death. Edward was counsel in Binion v. Commonwealth, 891 S.W.2d 383 (Ky. 1995), which recognized the constitutional requirement for defense experts. His publications include Coping with Excessive Workload, coauthored with James J. Clark, in ABA’s Ethical Problems Facing the Criminal Defense Lawyer: Practical Answers to Tough Questions (Rodney J. Uphoff, ed., 1995). Edward is a 1976 graduate of Washington D.C.’s Catholic University of America’s Columbus School of Law.