We just came across a magazine called JD Jungle. It has an article today by Ted Rose called Road to an Execution, "One hundred and sixty miles and one day stand between you and your client’s death. Now what?". Written like a novel, the article chronicles the day in Florida capital defender Peter Cannon's life that his client was scheduled to be executed.

The magazine also features an interview with Stephen Bright of the Southern Center for Human Rights titled Voice of the Dammed, in which Stephen says you have to be out of your mind to represent death row prisoners--not that he is going to stop. Stephen is a hero to defense lawyers, as he has been defending death row inmates for over two decades.

Stephen's reasons for opposing capital punishment:

"It's morally wrong for people to kill, whether it's the state killing people or whether it's people killing each other. When the United States was a frontier society, we had few alternatives with regard to punishment. If somebody stole your horse, you could shoot them, you could hang them, you could put them in the stocks, you could whip them. Basically, we didn't have the prisons that we have today. And it's interesting that of all those rather primitive forms of punishment, the only one we still have is the death penalty. But even if one didn't have moral objections to the death penalty, consider the fact that so many people get death because of the poor quality of their court-appointed lawyer. Consider the fact that race plays such a role in who's sentenced to death. Or the fact that so many of those sentenced to death are mentally ill, some mentally retarded. Those factors, and the fact that we are surely killing innocent people—all of those are reasons we shouldn't have an irrevocable punishment."

Stephen on George Bush's statement as Governor that he was confident no innocent people had been killed in Texas on his watch:

"Governor Bush—now President Bush—has no idea. I mean, he's been totally disengaged from the criminal justice process. He said that he spent 15 minutes to half an hour thinking about clemency or reprieves and the people who were executed—more than 150 people—over his six years as governor. George Bush has no more idea about the guilt or innocence of the people on death row than the average person reading this magazine does."

JD Jungle is not a death penalty or criminal defense magazine. Aimed mostly at younger lawyers, "our mission is to inform, entertain, and provide our audience with the tools they need to master the art of success."

We liked this article too: Java Justice about "Legal Grind, America’s cutting-edge purveyor of strong caffeinated beverages and storefront legal advice. Founded in 1996 by local attorney Jeff Hughes, Grind provides legal counsel to L.A. residents who might not otherwise have access to such help."

"A chalkboard behind the counter advertises “L.A. Law’ttes” and “Cop’accinos.” Another board offers $200 bankruptcies and $125 wills. The first patron orders black coffee. The next wants a latte and a notarized document. The third is jittery enough without caffeine: She’s here because of a child custody case."

"Visitors to daily “Coffee & Counsel” sessions pay $25 for the chance to ask a lawyer questions and quaff all the free coffee they can (the sessions last 15 minutes). Customers seeking more extensive advice can hire a Legal Grind attorney or seek a referral through the shop. "

The magazine has great graphics, and articles on a wide variety of topics, all conveyed with a spunky attitude. We highly recommend it, and if you are interested in clothes, don't forget to check out their fall "lineup" of suits. We'd wear number four.

Instapundit links to a gun message board where an individual asserts he has been harassed by a Montgomery County Maryland sniper task force agent who falsely claimed to be with the FBI. The agent treated him like a suspect. Scroll down to Oct. 14 at 6:25 am. He didn't ask for a lawyer.

We write the "Ask a Lawyer" criminal law column for Lawyers.Com on Mondays. Here is our advice on what to do when the police ask you to come in for questioning, which we think is equally applicable to when they call you on the phone. Among other things we note:

"If you are going to speak with the police, you should do so with counsel. The police will give you "Miranda" warnings, and they mean it: Anything (and everything) you say can (and likely will) be used against you in court. The jails are filled with people who thought if they could only explain things to the police, they wouldn't be charged with a crime."

And remember, Miranda rights only apply if you are in custody...if your freedom of movement has been restricted in any significant way. They are not applicable to interrogations that occur when you are in your home and the police call you, or if you voluntarily go down to the station house for questioning and are told you are free to leave.

For the answers to the other 136 questions we've answered from the public about criminal law and rights of defendants, an archive with hotlinks to each one is here. If you have a question we haven't addressed yet, you can submit it here. We answer one question a week, but do not give individual legal advice.

ABC News reports on higher ups leaving the Justice Department, including Assoicate Attorney General Jay Stephens, third in command, who has resigned after nine months to take a job in the public sector.

A lawyer in Honolulu has asked us to mention that the federal courthouse in Honolulu no longer allows palm pilots and other pda's to be brought inside. He wants to know if any other federal courthouses have this rule (Denver does not, at least as of last week when ours went through security just fine) and what other lawyers think about it. His email address is dk@thedefense.com

Apparently, there is concern that the pda's could be used to surreptitiously record sound and pictures, and that they might be altered to conceal firearms or explosive devices. Here is the Honolulu's Court Order.

And while we are on legal stuff, we thought we'd mention a new, free web resource for people charged with crime in New York--put out by the criminal defense law firm of Shalley & Murray.

New York City Criminal Court Arraignments Information contains "specific, detailed information about New York City criminal court arraignments, including directions, locations, hours, information about bail, and specific step by step analysis of the arraignment process (including explanations of notices) in an easy to understand, simple to use format for the layperson. There is also a section about New York Crimes in which the user can look up crimes in New York by name, Penal Code Section number, or category and a basic sentencing chart with directions for users to get a rough idea about the possible range of sentences in New York State."

We looked, it's a real nice site and a valuable public resource.

Law. Com today has a series of articles on how the practice of immigration law has changed around the country since 9/11.

"Practitioners in the Washington, D.C., area, New York state and the San Francisco area have struggled in the past year with tightened restrictions and unsympathetic courts. As one immigration specialist says, she must keep telling her clients, "I'm sorry. There is nothing I can do."

This is very exciting...the first weblog devoted exclusively to Military Law .... Instapundit sent us the link and we couldn't wait to put it up...check out:

Jaghunters

It has a wealth of links. We also like its lead quote:

"I can think of no more fitting expression of this country's appreciation for the sacrifices of our young servicemen than to grant them the same rights they are defending."

Senator Sam J. Ervin

We've noticed some bloggers recently who write that they are looking for work. So, as a public service announcement, we're posting the following job opening notice received via e-mail today from the National Association of Criminal Defense Lawyers:

RECRUITMENT NOTICE

Executive Director
Office of Public Defense Services
Salem, Oregon

GENERAL INFORMATION

The Public Defense Services Commission (PDSC) is seeking an executive with demonstrated leadership and management skills to serve as the Executive Director of the Office of Public Defense Services (OPDS). The Executive Director is appointed by, reports to, and serves at the pleasure of the PDSC. The annual salary range for this position is $69,156 - $101,844, plus benefits.

DUTIES AND RESPONSIBILITIES

The Executive Director serves as the Chief Executive and Financial Officer of the statewide public defense program. The Executive Director ensures the provision of competent and cost-effective legal representation in state court proceedings where mandated by the federal and state constitutions and state law for persons who are financially eligible for such representation.

The application deadline is September 23, 2002. The complete position description and application materials may be found at www.opd.state.or.us

Congratulations to Dennis Archer, selected today to be the first African American President of the American Bar Association

Mr. Archer is a past Michigan Supreme Court justice and two-term mayor of Detroit. Here's a description of his background:

"Archer, a native of 1,500-resident Cassopolis, Mich., grew up in a home with no indoor plumbing and took weekly baths in a metal tub. His father had a third-grade education and couldn't find good work after he lost an arm in a car accident. Archer started working at age 8 with odd jobs like setting up bowling pins and caddying at a golf course."

Some interesting factoids: For the past 125 years, all of the ABA presidents have been white. There are 408,000 lawyer-members in the ABA. Until 60 years ago, blacks were banned from membership in the organization.

"While its ban on black members was in place, the ABA checked to make sure applicants were white. There was an effort to run out several black lawyers after they slipped through the application process in 1912."

The ban was lifted in 1943, but not until 1986 did the group begin seeking active recruitment of minorities.

The group acknowledges their horrid past. It offers no excuses, but there is plenty of tangible evidence the group has changed. Two incrediblyaccomplished and committed women, Roberta Cooper Ramos and Martha Barnett have been President in recent years. We are proud to know and have worked with both of them. And another African American lawyer, Robert Grey Jr. of Richmond, Va. , will follow Mr. Archer as President in 2004-2005.

We give high marks to the ABA this year--for its stands against the treatment of detainees and in support of civil liberties, for its criticism of the death penalty as applied in this country and for making the final break with its past by electing Mr. Archer President.

If we weren't already a member, we'd join today.

As promised, we are reporting live from Washington where the ABA annual meeting is focusing on terrorism issues.

First, the important stuff. The heat wave has gone and it's pleasant enough to walk everywhere. Dulles was not crowded.

Our Bosnian driver was very well-versed in the trials of the moment. His thoughts: The prosecution has not met its burden in the Westerfield/Van Dam case--spot of blood not withstanding, but Westerfield may lose because he comes across too cold; Chandra Levy knew her killer (and according to our driver, so do we. For the record, we disagree-- being a sleazeball doesn't make you a murderer); the death penalty must go because of the number of innocent people sent to death row, without exception-- even for the guy charged in the Samantha Runion murder, if he's convicted; and there's something wierd about the Elizabeth Smart case, no way was it the handyman Ricci who did the kidnapping.

Dinner at organic/natural foods restaurant Nora's was quite good, now we want to try Asia Nora's.

Nice hotel, but no internet access, only dialup, so we may not be as prolific as we had planned. But back to business....

Nearly 7,000 lawyers and others registered in advance for the meeting, and they will be joined by about 2,500 family members and guests.

We are here for the Criminal Justice Section Council meeting. Legendary Miami lawyer Albert Krieger will assume the role of Chair.

Meetings tomorrow include "Leadership in Time of Crisis: The Aftermath of Sept. 11"'; Bringing Transnationals to Justice; Impact of International Law on Death Penalty Litigation; The Boston Strangler Returns: A High Tech Hearing on the Murder ofr Mary Sullivan; Family Unfriendly: The Impact of Criminal Justice Policies on Women Offenders and Children; Cybercrime: An International Problem for All.

And here's one of our personal favorites, "Where Does Your Client's Money Come From? Anti-Money Laundering and Related Enforcement Efforts."

Then there is "US/Mexico Border Issues--Migration Policy Negotiations AFter Sept. 11," and Homeland Security and Civil Liberties in the Balance.

Last but not are two Justice Department officials appearing together to speak about leadership at a time of crisis. They are Michael Chertoff, head of the Justice Department’s criminal division; and Kenneth Feinberg, the official in charge of the department’s Sept. 11 Victim Compensation Fund.

And one not to miss is James Brosnahan, lawyer for captured American Taliban John Walker Lindh, taking part in a program on civil liberties in a time of crisis.

He spoke in San Francisco last week for the National Association of Criminal Defense Lawyers and really let loose on the behind the scenes action regarding his client. He and Bobby Lee Cook were mentioned repeatedly as the week's best and most inspiring speakers. If you are around this time, don't miss him. He will open your eyes on a number of case-related issues.

Harvard law professor Arthur Miller will speak on terrorism and the Constitution. And for those who last until Monday, there is Mental Illness and the Death Penalty.

Lunch tomorrow will feature Deputy Attorney General Larry Thompson, noon - 2 in the Jefferson Ballroom West at the Capital Hilton. We'll be at that one and will duly report afterwards.

The ABA House of Delegates, the policy making arm of the organization, meets Monday and Tuesday when it will consider a proposal that opposes prolonged detention of immigrants before any charges are filed. The recommendation also calls for disclosure of detainees’ names.

At tomorrow's Criminal Justice Section Meeting, we'll be taking up the passage of proposed ABA standards to reduce and/or eliminate felony disenfranchisement- which lawyers call "collateral sanctions" of pleading guilty- like voting, not being able to get professional and other licenses, and things your client never knows they are going to lose until it's too late. We're voting for these for sure.

Keynoting the Opening Assembly on Saturday evening will be renowned civil rights activist Morris Dees, founder and chief trial counsel of the Southern Poverty Law Center in Montgomery, Ala.

Also appearing at the meeting will be Justices Kennedy and Ginsburg of the U.S. Supreme Court, who sometimes find themselves at opposite ends of the ideological spectrum.

All program events are "ala carte" meaning you pay for only what you choose to attend.

And that's a wrap for tonight.

The American Bar Association descends on Washington, D.C., on Thursday for six days, and with it come thousands of lawyers ready to debate and discuss. And according to the Associated Press, there will be strong criticism of President Bush and his terrorism policies.

September 11, civil liberties, military tribunals, treatment of detainees, enemy combatants and related issues will be front and center. There will be plenty on corporate fraud as well.

We'll be reporting live from the Criminal Justice Section meetings this weekend.

Ernie the Attorney asks when is it okay to record phone calls?

Here's a state by state guide as to who can consent.

Remember, if you are a lawyer, some states' ethical rules prohibit you from taping conversations at all.

The San Franciso Chronicle calls on Diane Feinstein, who may have the tie-breaking vote today on Priscilla Owen's nomination to the Fifth Circuit Court of Appeals, to vote against her. See, Feinstein's decisive moment