News Archive
Friends Indeed
Jul 30, 2007
We are defenders of the constitution. We are defenders of the guilty and the innocent alike. We are defenders of every citizen, every alien, the tired, the poor, "the huddled masses yearning to breathe free." [1] We are defenders of every person's right to be treated with fairness, dignity and respect in a Court of Law.
We will not stand down when confronted with injustice.
Instead we will stand proud - shoulder to shoulder with each other and our friends. In the past year, AACJ has worked closely and effectively with organizations who share our common goals and interests.
AACJ and the National Association of Criminal Defense Lawyers joined forces to educate the Court regarding the Maricopa County Capital Case Crisis. Jim Belanger of AACJ along with Natman Shaye and Barbara Bergman of NACDL prepared amicus briefs, affidavits and evidence on behalf of the people in Maricopa County charged with capital crimes who do not have attorneys, mitigation specialists or investigators. Experts from across the country stood ready to testify. Belanger, Mike Terribile and many others have worked for years to secure appropriate resources for indigent defendants. Through our work with AACJ we remain committed to the promise of Gideon for those charged with capital crimes.
AACJ found common ground with the Arizona Trial Lawyers Association . Kelly McDonald from AzTLA appeared with our President and our lobbyist at an Arizona Senate stakeholders meeting to testify against SB1286, a bill spun by the Maricopa County attorney under the guise of victim's rights. The effect of that bill - either intended or not - would have severely restricted a defendant's right to a fair presentation of their cause, it would have created problems with judicial case management, and shifted prosecutorial responsibility for victims to the probation department. The bill would have harmed victims more than helped. The objectionable parts of the bill were deleted before passage.
AACJ joined with Mattie Cummins from Arizona Brain Injury Association. BIAAZ pledged to provide education and training on behalf of our brain-injured clients as they face the daunting consequences of their impulsive behavior. There has been a steady increase of brain-injured people facing criminal charges, and that number will only increase as our veterans return from Iraq - many of them with undiagnosed brain injuries resulting from concussive shock. AACJ organized a panel discussion with representatives from the Courts, the Probation Department, Value Options and several other services providers in order to facilitate discussion of ways to fill the service gaps that often leave brain injured people with insufficient resources to be successful. Our members now staff a referral base at BIAAZ to provide information to our common clients and their families.
Attorneys from AACJ have recently undertaken a major project to challenge legislation and Rules enacted under Proposition 100 - which targets immigrants for harsh treatment in the criminal courts. AACJ is working with the local and national branches of the American Civil Liberties Union and with the Mexican American Legal Defense Fund. The firms of Osborn Maledon, P.A. and Perkins Coie Brown & Bain, P.A. in Phoenix have provided thousands of dollars worth of pro bono legal work. Our first step will be to comment on implementation rules introduced at the Supreme Court while preparing further legal challenges.
It is disheartening to see and hear the overwhelming negative emotions associated with immigration, particularly as most of us know that for every example of an immigrant gone bad there are one hundred of us who live and work in testimony to the success of immigrants both legal and illegal. The hysteria that many use to boost their own power and influence at the expense of the weakest among us must be brought into balance.
In order to educate the public and support a more tolerant and just society, our members continue to disseminate information about our important work through the media, including The Arizona Republic, the East Valley Tribune, and all manner of print, radio and television. Our members have responded to inquiries from such national publications as The New York Times and the Chicago Tribune. Dale Baich has been instrumental in cultivating and maintaining these essential relationships. And through the efforts of Debbie Hill, AACJ recently sponsored a press event with the Valley of the Sun Chapter of the Society of Professional Journalists, where members of AACJ were able to speak about immigration in the context of state criminal law and to speak about the need for equity in capital prosecution. The event received universal good reviews and we saw and heard several positive news stories from journalists who attended the event.
Many people from many walks of life agree with our message and support our mission. We are forging strong and effective alliances with many groups and individuals as we advance our goals.
The organization has strong and effective leadership that is actively working for your interests. President-elect Jim Belanger is putting legs on our long-term plan. Kelly Smith is coordinating a national seminar to be held next year in conjunction with baseball spring training in addition to our regular seminars, including our nationally recognized DUI seminar organized by Mike Bloom and Steve Barnard. Debbie Hill continues her work from last year developing Amicus briefs on important issues, such as the right of people to self-defense (Garcia by Dan Kaplan), the right of a defendant to effective assistance of counsel (Reynaga by Jim Belanger), and the need to restrict creation of privileges that interfere with a defendant's right to prepare a defense (Lincoln by Ellie Miller). Debbie has attracted an all star cast and we can continue to expect a high level of advocacy from this group.
There is more to come.
We are a proud people, a people with an important responsibility. There is no reason to work in the shadows. We are doing God's work, and we will bring that to light whenever we can, to whoever will listen. We have the strength of our message, strength through our members and the power of our collective organization.
Thank you all for all you do.
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[1] Emma Lazarus, "The New Colossus"