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19 Crim. Just. Sec. Newsl. 1 (2010-2011)

handle is hein.aba/cjsnw0019 and id is 1 raw text is: Panelists of Padilla and Beyond, Scope and Implications of Padilla v. Section Director Jack Hanna explains the special event to Kentucky, moderated by Steve Saltzbug, engage in heated discussions: the live studio audience at the Newseum. from left to right, Scott Burns, Margaret Love, Jack Chin, Benita Jain, Paul Friedman, Gwendolyn Washington, Bruce Green. The March 2010 Supreme Court decision in Padilla v. Kentucky requires defense counsel to advise clients if their potential pleas carry a risk of deportation. In response, the ABA Criminal Justice Section sought and on August 9' obtained ABA House of Delegates approval of a resolution urging funding for training public defenders on the nuances of the Padilla case. On August 25, 2010 the Section's Padilla Task Force led a day-long event at the D.C. Newseum to videotape a package of five complementary but separable training videos to be supplemented with written materials. Together these materials will be used to encourage all players in the system - whether prosecutors, defense lawyers or judges - to become familiar with the deportation consequences explicitly required by Padilla as well as other collateral consequences that have potentially significant implications for defendants. The materials are expected to be useful to academics and the general public as well as practitioners. Morning taping sessions focused on step-by-step advice for prosecutors, judges, and defense counsel in complying with Padilla. Advising the defense were Gwendolyn Washington, Civil Legal Services Division of the Public Defender Service for the District of Columbia; McGregor Smyth, founder and head of the Civil Action Practice at The Bronx Defenders and Reentry Net; and Benita Jain, Co-Director of the Immigrant Defense Project in New York. Scott Burns, Executive Director of the National District Attorneys Association provided advice for the prosecution, andJudge Darrin Gayles, 11th Judicial Circuit Court of Florida, was the advisor for the judiciary. The featured event, Padilla and Beyond, Scope and Implications of Padilla v. Kentucky, took place in the afternoon before a live audience of approximately 100 persons. It was moderated by former Section Chair Prof Stephen Saltzburg of George Washington University. Joining morning presenters Gwendolyn Washington, Benita Jain, and Scott Burns (all identified above) were Section Chair Prof. Bruce Green of Fordham University; University of Arizona Prof. Jack Chin; D.C. private practitioner Margaret Love; and U.S. District Judge for the District of Columbia Paul Friedman. The panelists discussed the legal and constitutional implications of Padilla and the ethical and professional obligations of attorneys. They also touched upon the practical and systemic implications of the case. Continued on page 15

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