The Defender Initiative 9th Annual Conference on Public Defense


Strengthening Daily Defender Practice: Responding to Timely Reform Opportunities

March 08, 2019 | 7.0 Law and Legal CLE Credits | WSBA Activity ID #1098955

The New Year presents opportunities to develop and implement new strategies to address both ongoing challenges and new problems. The 9th Annual Conference on Public Defense will discuss the opportunities presented by new rules and appellate decisions and by ongoing system reform efforts. The program will explore new tools and approaches to help individual clients and to facilitate broader reform. The Keynote Speaker will be Adam Foss, Executive Director and founder of Prosecutor Impact, a nonprofit organization that works to help prosecutors reframe their role in the criminal legal system.

Overview

The Annual Conference on Public Defense addresses some of the most current developments in the practice and ideas for reform in the criminal legal system. The 2019 conference will explore new tools and approaches for helping clients, ranging from text message systems to remind clients of court dates to using the Gregory decision and Professor Beckett's Racial Disparity report in non-capital cases. The conference sessions are aimed at helping to strengthen daily work as a defender and at exploring how individual practice can benefit from and contribute to systemic reform efforts.

Co-sponsored by the Washington Defender Association.

Agenda

Agenda and speakers subject to change

8:00-8:30 a.m.

Registration and Coffee Service

8:30-8:40 a.m.

Welcome

Speaker

Annette Clark, Dean, Seattle University School of Law

8:40-9:15 a.m.

Session 1 - National and Local Developments: Misdemeanors, Compliance with Standards, Systemic Litigation

Speaker

Bob Boruchowitz, Director, The Defender Initiative

9:15-10:00 a.m.

Session 2 - Nothing is Mandatory

Speaker

Todd Maybrown, Partner, Allen Hansen Maybrown & Offenbecher, P.S.

10:00-10:15 a.m.

Break

10:15-11:15 a.m.

Session 3 - A New Wave in Prosecution

Speaker

Dan Satterberg, King County Prosecuting Attorney

11:15 a.m.-12:00 p.m.

Session 4 - Helping Clients Get to Court: Using Text Message Reminders

Speaker

Tom Krzyminski, Spokane Public Defender

12:00-12:25 p.m.

Lunch (Sullivan Hall, 2nd Floor Gallery)

12:25-1:25 p.m.

Lunch Keynote Presentation

Speaker

Adam Foss, Executive Director and Founder, Prosecutor Impact

1:25-1:45 p.m.

Break

1:45-2:45 p.m.

Session 5 - How to use the Gregory Decision and Dr. Katherine Beckett's Racial Disparity Report in Non-capital Cases

Speakers

Travis Stearns, Washington Appellate Project

Lila Silverstein, Washington Appellate Project

Ben Goldsmith, Felony Supervisor, The Defender Association Division, King County Department of Public Defense

Whitney Rivera, Snohomish County Public Defender Association

2:45-3:45 p.m.

Session 6 - How Defenders Can Address Civil Consequences for their Clients

Speakers

Louis Manuta, Civil Legal Aid Attorney, King County Department of Public Defense

Nick Allen, Directing Attorney for the Institutions Project, Columbia Legal Services

3:45-4:00 p.m.

Break

4:00-5:00 p.m.

Session 7 - Responding to Bail Jumping Charges

Speakers

Hillary Behrman, Director of Legal Services, Washington Defender Association

Aleksandrea Johnson, J.D. 2020, Seattle University School of Law

Jason Schwarz, Snohomish County Public Defender Association

5:00 p.m.

Evaluations and Adjourn

Presenters

Program Chair

Robert Boruchowitz

Robert C. Boruchowitz is Professor from Practice and Director of The Defender Initiative at Seattle University School of Law. Before joining the faculty in January 2007, for 28 years he was Director of The Defender Association, where he founded the Racial Disparity Project. He has appeared at every level of state and federal court. He supervises the Calhoun Family Fellowship in which students work on equal justice issues. The Defender Initiative works to improve public defense and works with the Sixth Amendment Center on a U.S. Justice Department grant. They published reports about public defense in Utah and Mississippi. One of the Initiative's first projects resulted in the report "Minor Crimes, Massive Waste: The Terrible Toll of America's Broken Misdemeanor Courts", published by the National Association of Criminal Defense Lawyers (NACDL). In separate work, The 6AC and The Defender Initiative published a report on the Wayne County, Michigan, Public Defender office.

Professor Boruchowitz developed a Right to Counsel Clinic, which won a writ of mandamus on right to counsel in Department of Corrections revocation hearings. He has taught in the Youth Advocacy Clinic where he pursued due process rights for children in truancy proceedings. He attended a training session for law teachers at the US Holocaust Memorial Museum and he developed a seminar on Law and the Holocaust that he taught for four years. He has taught criminal procedure and a seminar on Right to Counsel. Founding president of the Washington Defender Association and a former member of the Executive Committee of the American Council of Chief Defenders, he has been instrumental in developing defender standards in Washington and nationally. 

He has been working to persuade misdemeanor courts to provide counsel at arraignment. He was a Soros Senior Fellow working on access to counsel. He worked in four states on a similar project on a grant from the Foundation to Promote Open Society. He wrote an article for the Hofstra Law Review, "Judges Need to Exercise Their Responsibility to Require That Eligible Defendants Have Lawyers." He has been an expert witness in systemic litigation on effective counsel, including Best v. Grant County, Allen v. Edwards in Louisiana, and Hurrell-Harring, et al. v. State of New York. He was a co-chair for an American Bar Association project to provide public defender training in four regions of the country and is a member of the ABA Indigent Defense Advisory Group. He is an emeritus member of the WSBA Council on Public Defense, for which he chairs the Standards Committee. Awards include the NACDL Champion of Indigent Defense Award, the Washington Defender Association Gideon Award, and the Washington Association of Criminal Defense Lawyers William O. Douglas Award.

Speakers

Nick Allen

Nick Allen is the Directing Attorney of the Institutions Project at Columbia Legal Services. He started at CLS in 2010 as an Equal Justice Works Fellow working to address legal financial obligations (LFOs) in Washington State. Following the completion of his fellowship, he was hired as a staff attorney in the Institutions Project, which represents persons in Washington's jails and prisons as well as persons returning from those institutions. At CLS, he engages in systemic advocacy, including policy work on LFOs and juvenile sentencing, and litigation addressing conditions of confinement for prisoners in Washington State.

Hillary Behrman

Hillary joined the Washington Defender Association (WDA) as Director of Legal Services in 2017 after many years as the Legal Director of TeamChild, a nationally acclaimed program providing civil legal services to youth involved in the juvenile justice system. Hillary worked as a staff attorney and felony investigator at Society of Counsel Representing Accused Persons (SCRAP). She is an experienced educator who has taught law students and conducted trainings for advocates locally and nationally on a wide range of issues related to indigent defense and civil legal services. Hillary received her J.D in 1992 from Georgetown University School of Law where she was a Public Interest Law Scholar.

Adam Foss

Adam J. Foss is a former Assistant District Attorney in the Juvenile Division of the Suffolk County District Attorney's Office (SCDAO) in Boston, MA, and a fierce advocate for criminal justice reform and the importance of the role of the prosecutor in ending mass incarceration. Mr. Foss believes that the profession of prosecution is ripe for reinvention requiring better incentives and more measurable metrics for success beyond, simply, "cases won" leading him to found Prosecutor Impact - a non-profit developing training and curriculum for prosecutors to reframe their role in the criminal justice system.

During his nine years as a prosecutor, Mr. Foss collaborated with the courts and the community to develop programming that continues to have a positive impact on the neighborhoods he prosecuted in. One example of these efforts is the Roxbury CHOICE program, an initiative Mr. Foss co-founded, to turn probation from a punitive sentence into a beneficial relationship with the court, the probation department, and the District Attorney's Office. He is also the founder of the SCDAO Reading Program, a program he started, to bridge the achievement gap of area elementary school students. Before leaving the District Attorney's Office, Mr. Foss was a critical piece of the foundation of the first juvenile diversion program in Suffolk County, keeping young people out of the cradle to prison pipeline.

Most recently, Mr. Foss appeared in the critically-acclaimed CNN feature-length documentary "American Jail." The Mandela Foundation recognized Mr. Foss as the 2017 Nelson Mandela Changemaker of the Year. Fast Company named him one of the Most Creative People in Business of 2017. The NAACP awarded Mr. Foss with the 2017 Roy Wilkins Next Generation Leader Award. The Root named Mr. Foss one of the 100 most influential black Americans of 2016.He was named Graduate of the Last Decade by his alma mater, Suffolk University Law School and is a visiting senior fellow at Harvard Law School. He sits on the boards of Restore Justice California and of the Pretrial Justice Institute. He also is a fellow at the Open Society Foundation Leadership in Government initiative as well as a Director's Fellow in the world renowned MIT Media Lab. In February of 2016, Mr. Foss delivered a TED talk that has eclipsed 2 million views. In 2015, he was voted one of the country's 40 most up-and-coming lawyers by National Law Journal and in 2013, the Massachusetts Bar Association voted him Prosecutor of the Year.

Ben Goldsmith

Ben Goldsmith is the Felony Supervisor for The Defender Association Division-King County Department of Public Defense. He received a J.D. from University of Michigan and an LLM from Georgetown University, where he was an E. Barrett Prettyman Fellow. Ben has been a public defender in King County since 2006, is an adjunct professor at Seattle University School of Law, and a commissioner on the Seattle Community Police Commission.

Aleksandrea Johnson

Aleksandrea Johnson is a second-year law student at Seattle University School of Law and a legal intern at the Washington Defender Association. Aleksandrea completed her undergraduate education in Criminal Justice and Psychology at the University of Wyoming in Laramie, Wyoming. After graduation, Aleksandrea moved back to her hometown outside of Denver, Colorado and worked as a judicial assistant at the Denver County Court Criminal and General Sessions Division. Inspired by her experience assisting in the court's new Outreach Court, designed to facilitate court at the Denver Rescue Mission, Aleksandrea applied to law school. Aleksandrea is currently working on a policy project on the statute of Bail Jumping with the Washington Defender Association, as well as a journal article on the same topic for the Seattle Journal for Social Justice. Aleksandrea plans on pursuing a career as a public defender upon graduating law school.

Tom Krzyminski

Thomas J. Krzyminski is the Director of the Spokane County Public Defender office with oversight of 98 staff and attorneys, and an annual budget of 9 million dollars. Prior to his appointment as Director, he helped establish a second Spokane County Public Defender office, Counsel for Defense, to handle conflict cases. In addition to his years as a criminal defense attorney, he simultaneously served 30 years in the United States military as a Judge Advocate with both the Washington Army and Air Force National Guard. He retired in October 2016 at the rank of Colonel. His military career highlights include representing a Guantanamo Bay detainee, and serving as the first ever Chief Defense Counsel for the Air Guard where he established a defense system for all 50 states. He is a graduate of Marquette University undergrad and Law School.

Louis Manuta

Lou Manuta became the civil collateral consequences attorney at the Northwest Defenders Division of the King County Department of Public Defense in July 2017, following a legal career in Washington, DC and New York that began in 1989. He has focused most of his career on civil legal aid and non-profit work, representing low-income individuals and family-owned businesses, and served as counsel to the New York State Joint Commission on Public Ethics. He holds a BA in Communications/Political Studies from Adelphi University and a LD from George Washington University Law School.

Todd Maybrown

Todd Maybrown's practice focuses upon the defense of complex criminal charges in the federal and state courts. He has handled numerous appeals, juvenile cases, civil cases, forfeiture matters, disciplinary proceedings, administrative hearings, and habeas corpus cases. His clients have included corporations, doctors, dentists, lawyers, judges, elected officials, politicians, business executives, professors, professional athletes, juveniles, and members of the clergy. 

Since 2000, he has been deemed as qualified by a committee of the Washington Supreme Court to represent capital defendants in trials, appeals and post-conviction cases. Todd also has been qualified as "learned counsel" to represent defendants in federal capital trials.

Todd is an Adjunct Professor of Law at the University of Washington Law School where he teaches in the Trial Advocacy Program. He has served as an expert on various topics relating to criminal litigation and he is a frequent lecturer on topics of interest to defense lawyers. He has received WACDL's highest honor, the William O. Douglas Award.

Whitney Rivera

Whitney Rivera is currently the misdemeanor supervisor at the Snohomish County Public Defender Association. Prior to her current role, Whitney worked as a trial attorney for more than 10 years at SCPDA. She also spent a year at the Washington Appellate Project. Whitney earned her B.A. at the University of Washington and her J.D. at Boston College Law School. During law school, Whitney worked as a student attorney with the BC Defenders, representing clients charged with crimes in Dorchester District Court. She has presented at statewide CLE programs on social media evidence and objections during trial.

Dan Satterberg

Dan Satterberg has been the elected King County Prosecutor since 2007. He began in the office in 1985 in the Criminal Division and spent the next five years trying all types of cases. Norm Maleng asked him in 1990 to be his chief of staff, which position he held for 17 years. 

Dan's office has 230 attorneys and 250 staff, handling 25,000 criminal cases a year and providing legal counsel to all parts of King County government. He is a graduate of the University of Washington Law School.

Jason Schwarz

Jason Schwarz has been an attorney at the Snohomish County Public Defender Association since 2007. He graduated from Seattle University School of Law in 2006. He graduated from the University of Chicago in 2001 with an M.A., and from The Evergreen State College in 1998 with a B.A.

Lila Silverstein

Lila Silverstein has served as an appellate public defender with the Washington Appellate Project since 2006. Along with Neil Fox, she represented Allen Gregory in his death penalty appeal to the Washington Supreme Court. Lila commissioned a study on race and the death penalty in Washington by Drs. Katherine Beckett and Heather Evans, which the Court relied on to strike down our capital punishment statute under the state constitution. See State v. Gregory, 427 P.3d 621 (2018). Lila was also a principle drafter of Washington's new General Rule 37, which provides significantly more protection against race discrimination in the exercise of peremptory challenges than Batson v. Kentucky. Prior to the adoption of GR 37, Lila worked to reduce discrimination in jury selection as the attorney for the petitioner in State v. Saintcalle, 178 Wn.2d 34 (2013), the attorney for amici in Seattle v. Erickson, 188 Wn.2d 721 (2017), and an organizer and emcee for the Minority and Justice Commission's symposium on jury diversity in Washington.

Travis Stearns

Travis Stearns is an attorney with the Washington Appellate Project. He has worked in public defense most of his career, previously with the Washington Defender Association, the Whatcom County Public Defender and New York City's Legal Aid Society. Travis is also an adjunct professor at Seattle University School of Law, the director of NLADA's Appellate Defender Training program, a member of the Washington State Supreme Court's Minority and Justice Commission, the chair of the National Alliance of Indigent Defense Educators, and the vice-chair of the Washington State Bar Association's Council on Public Defense. He is a nationally recognized trainer, specializing in advocacy skills training, collateral consequences, and leadership development.

Pricing

General Registration - $215.00

Seattle University School of Law Alumni - $190.00

Non-profit/Government Attorneys - $180.00

University of Washington School of Law and Gonzaga School of Law Students - $50.00 (limited spaces available)

Current Seattle University School of Law Faculty and Law Students - free, on a space available basis (registration required)

Group registration rates available for government and non-profit attorneys - please contact Rebecca O'Neil at 206-398-4281 or Mark Sideman at 206-398-4092 for more information

In-person and live webcast options available.


Cancellations and Refunds:

The last day to cancel your registration for this program is 4:30 p.m., Friday, March 1, 2019.  A $15 administrative fee is charged for cancellations and the balance will be refunded. After 1 week before the program, cancellations will not receive a refund; however, substitute attendees are welcome. Please inform us of substitutions at cle@seattleu.edu or (206) 398-4281.