Broke and Broken: Can We Fix Our State Indigent Defense Systems?
Missouri Law Review Symposium 2010 -- February 26, 2010

Keynote Speaker

Stephen B. Bright

Stephen B. Bright is president and senior counsel of the Southern Center for Human Rights in Atlanta and teaches at Yale and Georgetown Law School. He has been at the Center since 1982 and was director there for 23 years. He has taught at Yale since 1993. He has also been a legal services attorney and public defender.

Subjects of his litigation, teaching and writing include legal representation for poor people accused of crimes, judicial independence, capital punishment, and conditions and practices in prisons and jails.

He has twice argued and won cases in the U.S. Supreme Court. He received the American Bar Association's Thurgood Marshall Award in 1998. The Fulton Daily Law Report, Georgia's legal newspaper, named him "Newsmaker of the Year" in 2003 for his contribution to bringing about creation of a public defender system in Georgia.

Presenters

Barbara Bergman

Barbara Bergman

Barbara Bergman is the Associate Dean for Academic Affairs and a Professor of Law at the University of New Mexico School of Law where she leaches courses on evidence, trial practice, and criminal procedure. Before turning to teaching fulltime in 1987, Barbara was a staff attorney at the Public Defender Service in Washington, D.C.

From 2000 to 2004, she worked on Terry Nichols' defense team in the Oklahoma state capital prosecution. She has served on the faculty at the National Criminal Defense College, the Institute for Criminal Defense Advocacy and various NITA trial practice Programs. Barbara is also the co-author of the Every Trial Criminal Defense Resource Book as well as the fifteenth edition of Wharton's Criminal Evidence and the fourteenth edition of Wharton's Criminal Procedure. She is a past-president of the National Association of Criminal Defense Lawyers ("NACDL").


Adele Bernhard

Adele Bernhard

Adele Bernhard is an Associate Professor at Pace University Law School where she supervises two criminal justice clinics. Bernhard began practicing law as a public defender with The Legal Aid Society in the South Bronx and has concentrated on criminal law for most of her legal career. For six years, beginning in 1988, she directed a grant funded project providing continuing legal education, resources and technical support for private court-appointed counsel assigned to represent the indigent. Bernhard was a member and later chair of the Indigent Defense Organization Oversight Committee, which monitors and evaluates the provision of indigent defense services by organized providers in the Bronx and Manhattan. In 2001, Bernhard was the recipient of the First Annual Shanara Gilbert Emerging Clinician Award, AALS Clinic Section. From 2003 -04, she was a fellow with the Brennan Center for Justice at NYU Law School. Bernhard isnationally recognizedfor her efforts tocreate a right tocompensationfor those who have been unjustly convicted and later exonerated.


Darryl K. Brown

Darryl K. Brown

Darryl K. Brown is the O.M. Vicars Professor of Law at the University of Virginia School of Law. He was most recently the Class of 1958 Alumni Professor of Law at Washington and Lee University School of Law, where he joined the faculty in 1998. He has extensive publications in the areas of criminal procedure, defense and prosecution and teaches Criminal Law, Criminal Adjudication and Evidence, among other courses. Brown clerked for the Hon. Dolores K. Sloviter, chief judge of the U.S. Court of Appeals for the Third Circuit, after earning his law degree at the University of Virginia. He was an associate at Kilpatrick & Cody in Atlanta before working as an assistant public defender in Clarke County, Ga.





Stephen F. Hanlon

Stephen F. Hanlon

Stephen F. Hanlon is a partner at the law firm Holland & Knight, LLP of Washington, D.C. where he manages the firm's Community Services Team, which provides legal representation to people and groups that otherwise could not afford it. In 1997, Holland & Knight received the American Bar Association Pro Bono Publico Award. The American Lawyer has described Holland & Knight as a “Pro Bono Champion.” Hanlon's major civil rights work has included prisoner rights, challenges to indigent defense systems, death penalty litigation, challenges to high stakes testing, a claims bill in the Florida Legislature for the survivors of the town of Rosewood, housing, employment and AIDS discrimination, and a constitutional challenge to unconsented medical experimentation.

Hanlon, who began practicing law in Missouri in 1966 and in Florida in 1976, is past chairman of the Public Interest Law Section of the Florida Bar, and a past President of Florida Legal Services, Inc. He is the immediate past Chair of the Executive Council of the Individual Rights and Responsibilities Section of the ABA. Hanlon is a past member of the ABA Commission on Legal Problems of the Elderly and the ABA Coordinating Group on Bioethics and the Law. Among the many honors he has received are the Nelson Poynter Award from the ACLU of Florida in 1996 for his commitment to civil liberties and civil rights, the Steven M. Goldstein Criminal Justice Award from the Florida Association of Criminal Lawyers in 2000, and the Equal Justice Award from the Southern Center for Human Rights in 2001. In 2006, Hanlon was awarded the Citation of Merit by University of Missouri School of Law as well as the highest individual recognition from Holland & Knight, the Chesterfield Smith Award.


Peter A. Joy

Peter A. Joy

Peter A. Joy is the Vice Dean and Professor of Law at the Washington University in St. Louis School of Law. Joy is also the Director of the Criminal Justice Clinic, in which students both provide direct representation to clients as student lawyers under his supervision and participate as second chair attorneys with experienced public defenders on more serious criminal trials. Joy has a national reputation for his work in clinical legal education, and he is an expert in the areas of legal ethics and trial practice. He also teaches Trial Practice & Procedure, The Legal Profession and a Comparative Legal Ethics Seminar. Joy has written about clinical legal education, legal ethics, lawyer and judicial professionalism, and access to justice issues. He currently co-authors a regular ethics column for Criminal Justice, a quarterly publication of the American Bar Association. He has also been interviewed on various legal issues by the national media, including ABA Student Lawyer, The American Lawyer, The Economist, The Legal Times, National Jurist, The National Law Journal, The Progressive, The Wall Street Journal, USA Today, AP Wire, and by the media in a dozen different states.

Professor Joy has been an active public interest lawyer on a broad range of issues, and he has performed pro bono work for battered women, persons seeking political asylum, and persons with First Amendment claims. Prior to joining the Washington University School of Law faculty, he was Professor of Law and Director of the Milton A. Kramer Law Clinic at Case Western Reserve University Law School. He was also on the Program Faculty of the Mandel Center for Nonprofits from 1990-98. Professor Joy was on the Executive Committee of the Board of Directors for the Ohio ACLU from 1991-98, serving as General Counsel from 1993-98, and he served on the Legal Committee for the ACLU of Eastern Missouri from 1999-2005. In 2001, Joy received the Association of American Law Schools (AALS) Pincus Award, which is presented annually to honor one or more individuals or institutions for effecting an outstanding contribution to the cause of clinical legal education.He is presently President-Elect for the Clinical Legal Education Association, and he is a former Chair of the Section on Clinical Legal Education for the AALS. Joy also serves as a Program Director at Large for the National Institute of Trial Advocacy (NITA), and he is the former Program Director for NITA's Great Lakes Deposition Program.


Cat Kelly

Cat Kelly

Cat Kelly is Deputy Director of the Missouri State Public Defender System. She obtained her J.D. from Washington University School of Law in 1983, where she was a national champion and recipient of the best individual advocate award in the American College of Trial Lawyers mock trial competition. Upon graduation, Kelly served as an assistant prosecuting attorney in St Louis, MO and worked briefly in commercial litigation before settling into the St. Louis City Public Defender's Office. In her 25 years as a Missouri public defender, she has performed trial, capital, appellate and post-conviction work. She has served as both the head of the St. Louis City Public Defender's Office and as regional supervisor over a number of defender offices in the greater St. Louis area.

In 1994, Kelly began work as Director of Training for Missouri's Public Defender System, and in 2006, she was appointed the Deputy Director. A former Missouri Defender of Distinction award recipient, Kelly serves on the faculty of the National Criminal Defense College and as an adjunct professor of trial practice at Washington University School of Law. She has taught as an adjunct professor and guest lecturer at St. Louis University School of Law, at the Institute for Criminal Defense Advocacy in California, the Western Trial Advocacy Institute in Wyoming, the Wisconsin Trial Practice Program, and the National Legal Aid and Defender Association Trial Practice and Train the Trainer Institutes. Kelly has also presented at numerous defender training programs including those for the New York Legal Aid Society, the Cook County Public Defender Office, the Kentucky Department of Public Advocacy, the Oklahoma Public Defender System and for the Federal Defenders of Eastern Washington and Idaho. She is the author of several trial skills articles published The Champion and co-author of the third edition of Conflicts, Courts, & Trials, published by West.


Norman Lefstein

Norman Lefstein

Norman Lefstein is Professor of Law and Dean Emeritus of Indiana University School of Law – Indianapolis. Professor Lefstein served as dean of the Indiana University School of Law - Indianapolis from 1988 until 2002. Prior to becoming the law school's dean, Professor Lefstein was a faculty member of the University of North Carolina School of Law at Chapel Hill and has held visiting or adjunct appointments at the law schools of Duke, Georgetown, and Northwestern. Currently, Professor Lefstein is serving as one of the Reporters for the National Right to Counsel Committee, which was organized by The Constitution Project and the National Legal and Defender Association. In this capacity, he has been involved in preparing a report on the status of indigent defense services throughout the country scheduled to be published later this year. As a consultant to the American Bar Association Standing Committee on Legal Aid and Indigent Defendants, he is also engaged in preparing a publication dealing with excessive defender caseloads. He also recently concluded seventeen years as chairman of the Indiana Public Defender Commission, a position to which he was appointed on four occasions by Indiana governors. Professor Lefstein was honored in 2005 as a recipient of the Champion of Indigent Defense Award, presented by the National Association of Criminal Lawyers.

Professor Lefstein's other positions have included service as director of the Public Defender Service for the District of Columbia, an Assistant United States Attorney in D.C., and as a staff member in the Office of the Deputy Attorney General of the U.S. Department of Justice. His professional activities have included serving as Chairman of the American Bar Association Section of Criminal Justice in 1986-1987, and as Reporter for the Second Edition of ABA Criminal Justice Standards Relating to The Prosecution Function, The Defense Function, Providing Defense Services, and Pleas of Guilty. Professor Lefstein also is the author of Criminal Defense Services for the Poor, published by the ABA in 1982, and co-author of Gideon's Broken Promise: America's Continuing Quest for Equal Justice, published by the ABA in 2004.


Wayne A. Logan

Wayne A. Logan

Wayne A. Logan is the Gary and Sallyn Pajcic Professor of Law and the Associate Dean for Academic Affairs at Florida State University School of Law where he teaches and writes in the areas of Criminal Law, Criminal Procedure, Sentencing and Torts. Logan has published widely on a variety of issues, including capital punishment, police search and seizure, sex offender registration and community notification, and the interplay among state, federal and local criminal justice systems. His work has appeared in such publications as the Pennsylvania Law Review, the Michigan Law Review, the Georgetown Law Journal, and the Minnesota Law Review, and his most recent book, Knowledge as Power: Criminal Registration and Community Notification Laws in America (Stanford University Press), was published in August 2009.

Logan is an elected member of the American Law Institute and a past Chair of the Criminal Justice Section of the Association of American Law Schools. Before entering full-time teaching, he clerked for Justice Louis B. Meyer of the N.C. Supreme Court and Robert R. Merhige, Jr. of the U.S. District Court for the Eastern District of Virginia, and was an associate with Brooks, Pierce, McLendon, Humphrey and Leonard in Raleigh, North Carolina. Prior to joining the Florida State Law faculty in 2007, Logan was the William Mitchell Research Professor of Law at William Mitchell College of Law, in St. Paul, Minnesota, and visiting Professor of Law at William and Mary's Marshall-Wythe College of Law


Phyllis E. Mann

Phyllis E. Mann

Phyllis E. Mann is the Director of the National Defender Leadership Institute, within the National Legal Aid & Defender Association and is currently located in Texas. Prior to joining NLADA, she was a consultant in criminal defense, providing expert testimony in state and federal courts in capital defense, research and writing in systemic areas of criminal defense, and serving as the curriculum coordinator for NLADA's Life in the Balance capital defense training. Before returning to Texas, Phyllis practiced exclusively criminal defense -- trial and appeal, state and federal -- in Louisiana. She has previously served as a public defender for Rapides Parish, as an appellate public defender for the Louisiana Appellate Project, as a court appointed capital defender certified by the Louisiana Indigent Defender Assistance Board, and as a CJA panel attorney for the Western & Middle Districts of Louisiana. Following Hurricane Katrina, she led an ad hoc group of criminal defense attorneys in their pro bono efforts to document and represent the approximately 8500 prisoners and detainees evacuated from south-eastern Louisiana jails. She received the 2006 Arthur von Briesen Award from NLADA for her contributions as a private attorney to indigent defense in Louisiana. Phyllis is a past president of the Louisiana Association of Criminal Defense Lawyers and was the recipient of LACDL's 2005 Justice Albert Tate Jr. Award for lifetime achievement in criminal defense.


Robert P. Mosteller

Robert P. Mosteller

Robert P. Mosteller is Professor of Law and J. Dickson Phillips Distinguished Professor at the University of North Carolina School of Law. Prior to joining the faculty at North Carolina, he served as the Harry R. Chadwick, Sr. Professor of Law at Duke University where he taught from 1982-2008.

Professor Mosteller holds a B.A. in History from the University of North Carolina (1970) where he was president of Phi Beta Kappa, a Masters in Public Policy from Harvard (1975), and a J.D. degree from Yale (1975). After clerking on the United States Court of Appeals for the 4th Circuit with Judge J. Braxton Craven, Jr., he worked for seven years with the Washington, D.C. Public Defender Service where he was Director of Training and Chief of the Trial Division. He is a co-author of the McCormick evidence treatise, North Carolina Evidence Foundations, and an evidence casebook and problem book. He has published many law review articles. He interested in the death penalty, serving as a co-reporter for the Death Penalty Initiative of the Constitution Project and having served as President and a member of the Board of the North Carolina Center for Death Penalty Litigation. He teaches Evidence, Criminal Procedure Investigation, Constitutional Criminal Procedure and co-directs the Trial Advocacy Program.


Sean O'Brien

Sean O'Brien

Sean O'Brien is an Associate Professor of Law at the University of Missouri-Kansas City School of Law. O'Brien has been Director of various criminal defense clinics at UMKC School of Law since 1983, including the Public Defender Appeals Clinic (1983-1985), the Public Defender Trial Clinic (1985-1989), and the Death Penalty Representation Clinic (1990-present). He is a member of the Board of Directors of the Midwest Innocence Project. O'Brien served as the Chief Public Defender in Kansas City, Missouri from 1985 through 1989, when he was appointed Executive Director of the Missouri Capital Punishment Resource Center, now the Public Interest Litigation Clinic, where he represents clients in capital trial, appeal and postconviction cases. Professor O'Brien is a Past President of Missouri Association of Criminal Defense Lawyers, former Chair of the Missouri Bar Criminal Law Committee, and is a frequent lecturer on criminal justice issues.

Additionally, O'Brien has won numerous awards for his work on behalf of indigent prisoners, including the National Lawyer's Guild Social and Economic Justice Award (1993), the Missouri Association of Criminal Defense Lawyers Annual Recognition Award (1994), the National Association to Abolish the Death Penalty Outstanding Legal Service Award (1998), the American Civil Liberties Union of Eastern Missouri Annual Civil Liberties Award (2003), and Missouri Lawyer's Weekly Lawyer of the Year in 2003 for his work in the exoneration of death row inmate Joseph Amrine. In 2005, O'Brien received the Kansas City Metropolitan Bar Association Lifetime Achievement Award.


Richard Rosen

Richard Rosen

Richard Rosen is a Professor of Law at the University of North Carolina School of Law. Following his graduation from the UNC-Chapel Hill School of Law in 1976, Rich Rosen worked for three years as a staff attorney with the Public Defender Service for the District of Columbia. In 1980 he returned to Chapel Hill as the first supervising attorney in the Criminal Law Clinic. Rosen served as director of the school's clinical programs for over fifteen years and also as associate dean for skills programs and as senior associate dean. Rosen has taught ethics for criminal lawyers, criminal law, criminal procedure: investigation, lawyering process, and seminars in judicial sentencing and capital punishment. Rosen received a Fulbright Fellowship for the 1995-96 academic year, under which he taught at the University of Asmara, Eritrea, and subsequently served as a consultant to the Eritrean Ministry of Justice involved in drafting new Codes of Criminal Procedure and Penal Law for Eritrea. He has written in the areas of criminal law and capital punishment, and helped found the law school's Innocence and Capital Punishment projects.


Rodney J. Uphoff

Rodney J. Uphoff

Rodney J. Uphoff is first Elwood L. Thomas Missouri Endowed Professor of Law at MU, where he also served as the associate dean of academic affairs for three years. In 2006, Uphoff was selected to be the director of the University of Missouri South Africa Educational Program, representing the four University of Missouri System campuses. He also directs the School of Law's study abroad program in Cape Town, South Africa.

Before joining the MU faculty in 2001, Uphoff taught at the University of Oklahoma College of Law, where he served as a professor and director of clinical legal education and ran a criminal defense clinic for 10 years. From 1984 to 1988, he directed a criminal clinic at the University of Wisconsin Law School. Before becoming a law professor, Uphoff was a public defender, including service as the chief staff attorney of the Milwaukee Office of the Wisconsin State Public Defender. He also worked for Gimbel, Reilly, Guerin & Brown in Milwaukee, concentrating in personal injury and products liability litigation.

Uphoff has written numerous articles on criminal defense practice, the delivery of indigent defense services and ethical issues facing those involved in the criminal justice system. In 1995, he edited a book for the American Bar Association, Ethical Problems Facing the Criminal Defense Lawyer.

In 1995, Uphoff was appointed by Gov. Frank Keating to the Oklahoma Indigent System Board, which oversees the operation of Oklahoma's public defender program in all counties except for Tulsa and Oklahoma County. In 1998, Uphoff served as a legal specialist in Romania as part of the American Bar Association's Central and East European Law Initiative (CEELI) Program. In 2009, he was appointed the Big 12 representative to the NCAA Infractions Committee. Uphoff frequently speaks at conferences across the country on criminal trial advocacy and has participated five times as a faculty member at Harvard University's Trial Advocacy Workshop.

Uphoff was one of four attorneys appointed to represent Terry Nichols in Oklahoma state court. Nichols was convicted of 160 murders based on the bombing of the Murrah Building in Oklahoma City in April 1995, but did not receive the death penalty.


Ronald F. Wright

Ronald F. Wright

Ronald F. Wright is the Executive Associate Dean for Academic Affairs at Wake Forest University School of Law, where he will focuses on curricular and academic issues affecting students and faculty. Prior to joining the faculty, he was a trial attorney with the U.S. Department of Justice, prosecuting antitrust and other white-collar criminal cases. Ron is the co-author of two casebooks in criminal procedure and sentencing, with empirical scholarship concentrates on the work of criminal prosecutors. In 2007, he was invited to present the distinguished Hoffinger Lecture on criminal justice at the NYU School of Law. He is a board member of the Prosecution and Racial Justice Project of the Vera Institute of Justice, and has been an advisor or board member for Families Against Mandatory Minimum Sentences (FAMM), North Carolina Prisoner Legal Services, Inc., and the Winston-Salem Citizens' Police Review Board.