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Children’s Right to Counsel, Declining Access to Justice Among Criminal Justice Topics Explored at American Bar Association Meeting in San Francisco

CHICAGO, July 30, 2010— The right of counsel for youth, declining access to justice and the SEC securities fraud action against Goldman Sachs are among diverse criminal justice issues that will be explored at the 2010 American Bar Association Annual Meeting, Aug. 5 – 10, in San Francisco.

With nearly 1,500 top-quality legal programs and events, and presentations by the foremost law experts and speakers, the ABA Annual Meeting is the nation’s premier gathering of legal professionals.

The 561-member House of Delegates, the association’s policy-making body, will meet on Aug. 9 and 10 in the Moscone Center West, Third Floor, Ballroom. In addition to considering policy recommendations and voting on resolutions, the House of Delegates will honor Supreme Court Associate Justice Ruth Bader Ginsburg with the ABA Medal, the association’s highest honor, on Aug. 9.

The ABA Criminal Justice Section has submitted nine proposals, addressing conduct of federal and state prosecutors, funds for indigent defense, advancement of forensic science in criminal cases (see also Reports 100E and 100F), standards for medico-legal death investigations, support of nationally interoperable databases for fingerprint and ballistics information and adequacy of resources available to accused persons for evidence testing and expert testimony. No measure is ABA policy unless it is adopted during the upcoming annual meeting.

Criminal justice-related program highlights include:

“Enforcing a Right to Counsel for Children: The Time is Now” explores the role a lawyer should have for a child in the dependency court under the ABA Model Rules of Professional Responsibility and what barriers exist in allowing lawyers to represent children. Aug. 5, 10:30 – noon, Moscone Center West, 2nd Floor, Rooms 2001/2003

“Crisis in Representation” examines the findings of recent reports that indicate declining access to justice for low-income and middle-class Americans, as well as an increase in pro se litigants, due to the economic downturn. Panelists will explore solutions to these growing problems. Aug. 6, 2 – 3:30 p.m., San Francisco Marriott, 4th Floor, Pacific Suite B

“Plain View, Yet Out of Sight: The 9th Circuit Ruling on Electronic Evidence” addresses the ramifications of The Ninth Circuit Court of Appeals ruling on safeguards for subjects of search warrants involving electronically stored information. Panelists will discuss how the court’s decision disregards the Plain View Doctrine and issues mandates for the search process. Aug. 6, 2 – 3:30 p.m., Moscone Center West, 2nd Floor, Room 2004

“The Vanishing Line Between Criminal and Civil Securities Fraud: SEC v. Goldman Sachs and Other Recent Securities Fraud Actions” examines the SEC’s recent enforcement action against Goldman Sachs, where some question whether the case should have been brought while others are calling for criminal action. The increasingly blurred line dividing criminal and civil securities fraud, as well as prosecutorial discretion in this area will be discussed. Aug. 8, 10:30 a.m. – noon, Moscone Center West, 2nd Floor, Room 2016

Additional programming includes:

“Collateral Consequences of Juvenile Delinquency Adjudication, Considerations in Charging and Defending – California and Nationwide” Aug. 6, noon – 2 p.m., Stanford Court—Renaissance, Stanford Ballroom West

“Priorities and Perspectives on the Civil Division” Aug. 6, 2 – 3:30 p.m., Moscone Center West, 3rd Floor, Room 3007

“The Digital Revolution and More: e-Discovery, Transforming the Legal Landscape” Aug. 7, 10:30 – noon, Moscone Center West, 2nd Floor, Rooms 2001/2003

“Driving Them to Sobriety: The Mechanics of Creating and Operating a DWI/Drug    Court” Aug. 7, 1 – 4 p.m., Marriott Marquis, B2 Level, Golden Gate Hall C2

Complaint vs. Indictment: The Bigger Picture at the Intersection of Civil and Criminal Justice” Aug. 7, 2 – 3:30 p.m., Moscone Center West, 3rd Floor, Room 3016

During the Annual Meeting, a press room for accredited journalists will be set up on the second level of the Moscone Center West, and will open for on-site media registration at noon on Aug. 5.  Thereafter the press room will be open daily from 8 a.m. to 6 p.m., and will close one hour after the adjournment of the House of Delegates on Aug. 10.

Online registration for news reporters is easier than ever. Credential guidelines are at http://www.abanow.org/reporter-resources/media-credentials/.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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