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Archive May 2020

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NAPD Releases New National Standard for Public Defense Staffing

We know good lawyering makes a difference. It’s why we do this important work for our clients. But lawyers can’t do what is needed for clients without robust assistance from a team of professionals supporting the representation. Increasingly, client representation is provided by a team. 

NAPD Issues Call to Action for the Independence of Public Defense Leaders and Programs

A public defense system that lacks independence and is under resourced will result in the diminution of the adversary process to the detriment of clients because the regular manner of processing cases is done by persons who are blind to the ordinary injustice that becomes routine. 
 

Podcast Discussing Advantages and Disadvantages to Virtual Court

Geoff Burkhart walks us through the current state of virtual courts. We discuss advantages and disadvantages to virtual court. Most importantly we discuss what this means for your clients and how to help them during this time of the COVID-19 Pandemic.

Kansas v. Garcia: Federal I-9 employment verification law does not preempt state law prohibiting providing false information on other employment-related documents

The Immigration Reform and Control Act does not preempt state criminal laws for identity theft and fraud for conduct related to obtaining employment, the U.S. Supreme Court ruled March 3 in Kansas v.  Garcia.

IDRA Releases More Notable Recent Publications

The Indigent Defense Research Association's Notable Recent Publications (for April) is now onlie. The link to IDRA's Notable Recent publications is below and links to all publications are also included in the body of the post. Enjoy!

9th Circuit Opinions Jan-April 2020

This blog post provides brief recaps of 9th Circiuit court decisions that are relevant to public defenders and were published between Jan1 and April 30, 2020. Summaries of nine significant cases are below. 

Kahler v. Kansas: Constitution does not require a particular standard for insanity defense

The Due Process Clause does not require states to allow the acquittal of defendants who, because of mental illness, cannot tell right from wrong when they committed their offenses, the U.S. Supreme Court held March 23 in Kahler v. Kansas

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