Formal Ethics Opinions

NAPD has published the following Formal Ethics Opinions:

Formal Ethics Opinion Adressing the Confidentiality of Client Information when Defense Team Representation includes Social Workers and Other Non-Lawyer Professionals whose Licensure is Affected by Statutory or Professional Mandatory Reporting Obligations
Formal Ethics Opinion 14-1 (December 2014)

Fornal Ethics Opinion Addressing Circumstances when Defense Counsel Must Turn Over Material to the Prosecution/Law Enforcement
Formal Ethics Opinion 16-1 (March 2016)

Formal Ethics Opinion 16-2 Focusing on the Circumstances in Which Lawyers Can, and Cannot, Communicate with Witnesses and Others Who May Be Represented
Formal Ethics Opinion 16-2 (August 2016)


NAPD News

On March 18, 2017 - the 54th anniversary of the Gideon v. Wainright decision - NAPD published its Foundational Principleswhich are recommended to NAPD members and other persons and organizations interested in advancing the cause of equal justice for accused persons.  

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On March 2, 2017, NAPD released its Statement on Reducing Demand For Public Defense: Alternatives to Traditional Prosecution Can Reduce Defender Workload, Save Money, and Reduce RecidivismThere are more than 2 million people in jail and prison in the United States. This is a four-fold increase since 1980. This increase and the racial disproportionality among incarcerated people has led to alliances across the political spectrum to address the impact on people and on budgets.  As the new Coalition for Public Safety has put it, “Our country has an ‘overcriminalization’ problem and an ‘overincarceration’ problem — and it’s getting worse." NAPD authored this statement because there is a great opportunity to make transformative changes that can improve justice and save money.  A variety of organizations representing a wide spectrum of political views have joined together to end the systematic problem of overcriminalization and narrow the net of incarceration by reforming criminal codes.