Puerto Rico Association of Criminal Defense Lawyers

PRACDL Annual Assembly & Election Results

Last night's Annual Assembly, Dinner and Elections was a real success. Members unanimously elected Linda Backiel (picture, left) to be our new President. They also elected the following to the Board: outgoing President Mariángela Tirado-Vales (picture, right), who everyone agreed had done an outstanding job, Rachel Brill, Jason González-Delgado, Joseph C. Laws, Jr., Tom Lincoln (me), Jorge E. Rivera-Ortíz, Olga M. Shepard de Mari and Jorge E. Vega-Pacheco. As established by PRACDL by-laws, the new Board will meet and elect from among its members the Vice President, Secretary and Treasurer.

This past year brought many accomplishments for PRACDL and, as Juan Ramón Acevedo-Cruz pointed out, PRACDL has in the past few years become an organization that is respected by the institutional players we must deal with on various matters, as well as among the criminal defense bar in general.

A well deserved recognition was given to Olga M. Shepard de Mari, who quietly and diligently worked behind the scenes with Mariángela Tirado-Vales in all things regarding CLE course accreditation for PRACDL offered seminars and workshops. Aslo recognized was outgoing Board Member José L. Novas Debién for his assistance in implementing PRACDL's proposal as to the CJA Mentoring Program, a proposal which was largely approved by the Court thereafter.

I think the coming year bodes well for PRACDL.  We are fortunate to have Linda Backiel serving as our President, a position she refused to accept without first forcing Mariángela Tirado-Vales to accept staying on the Board another term, now as Vice President.

We were somewhat surprised at the management of Castellanos Restaurant for presenting us with a bill addressed to the US Department of Justice. We almost refused to pay, but did so under the condition that they give us a corrected bill for our records. They promised to never again confuse us.

UPDATE: At the first Board meeting held on January 24, 2008, the Board elected from among its members the following officers:

• Linda Backiel - President (elected as such at Annual Meeting)
• Mariángela Tirado-Vales - Vice-President
• Jason González-Delgado - Secretary
• Jorge L. Rivera-Ortíz - Treasurer

PRACDL Annual Assembly, Dinner & Elections

This is a reminder that Puerto Rico Association of Criminal Defense Lawyers will hold its Annual Assembly, Dinner and Elections this coming Thursday, December 13, 2007, from 5:30 p.m. onwards at Castellanos Restaurant on Domenech Ave.  All members are encouraged to attend.

Dinner is on PRACDL's tab, and drinks are on each attendant.  This is a good time for all members to join together and celebrate, and for our newer members to get to know the rest of us.

Please confirm your attendance by email to PRACDL, preferably by Tuesday. I look forward to seeing you there!

PRACDL Honors Jorge L. Arroyo Alejandro

This past Wednesday PRACDL held a very special activity to honor colleague Jorge L. Arroyo Alejandro for his "dedication, professionalism and continued contribution to the defense bar," as well as his enormous dedication to PRACDL, having been our longest serving President.

As invited speakers we had Chief Judge José A. Fusté, District of Puerto Rico, and Francisco Rebollo and Juan R. Acevedo-Cruz, both PRACDL members and, more importantly, good friends of Jorge, as well as PRACDL Vice President Linda Backiel, whose brief but moving comments almost brought tears to my eyes.  It should be noted that it was Linda who first proposed this activity to PRACDL's Board, a proposal that was unanimously approved.  Jorge's remarks were also very moving. He confessed that he had wanted to be a lawyer since he was a young boy, and how he had entered college having no idea what he would major in, but certain that he would thereafter go to law school. It is beyond question that throughout his career Jorge has earned the respect of fellow defense lawyers, prosecutors and judges.  Possessed with a keen intellect, and always well prepared, Jorge has always fought to protect his client's rights.

In addition to the many PRACDL members who attended, we were honored with the presence of District Judges Fusté, Domínguez, García-Gregory, Delgado-Colón and Gelpí. as well as Magistrate Judge Bruce J. McGiverin. Because Jorge Arroyo once worked as an Assistant U.S. Attorney, we also invited the members of the U.S. Attorney's Office and were pleased that a number of them attended, including María Domínguez, José Ruiz, Ernesto López-Soltero, Jacqueline Novas, Timothy Henwood and Aramis Ríos.

PRACDL President Mariángela Tirado-Vales presented Jorge with a beautiful  glass plaque, as well as a gift from PRACDL.  Accompanying Jorge was his wife, Ana, and their two lovely daughters, Sara and Veronica.  Meeting them makes one realize that Jorge's achievements have also been the result of the support of an outstanding family.

PRACDL to Propose Changes and Offer Assistance to Court's Mentoring Program for New CJA Panel Members

With a view towards improving the Mentoring Program provided by the District of Puerto Rico to some of the new CJA Panel members, PRACDL's Board has been meeting and working out a proposal to present to the Court's CJA Committee, presided by Honorable Aida M. Delgado-Colón.  At the gist of the proposal to be submitted, is the idea of putting the Mentor back into the Mentoring Program to interact with the Mentoree, rather than simply have an attorney attend a series of Court events.  Moreover, the proposal will include participation for both in-court and out-of-court events, such as witness and client interviews, and motion practice. And PRACDL will make available to the Court a list of PRACDL Members willing to act as Mentors.

PRACDL's New Board

The Officers and other Board Members for this year are as follows:

• Mariángela Tirado-Vales - President
• Linda Backiel - Vice President
• Jorge E. Rivera-Ortíz - Treasurer
• Tom Lincoln - Secretary
• Rachel Brill
• Jason González-Delgado
• Joseph Laws - Federal Public Defender - Permanent Board Member
• José L. Novas-Debién
• Jorge Vega-Pacheco

Pursuant to PRACDL By-Laws, the President  was elected at our annual meeting, together with the other Board Members, who would then elect from among their midst the other officers.

Vice President Linda Backiel will chair PRACDL's Lawyers' Assistance Strike Force, Rachel Brill will chair the Continuing Legal Education Committee.  I will continue in charge of the blog.

PRACDL 4th Workshop and Annual Dinner Meeting - December 7th, 2006

PRACDL invites all criminal defense lawyers to it's Fourth 2006 Workshop on Thursday, December 7, 2006. This will be followed by our Annual Dinner Meeting. See the announcement here. The workshop topic is Grand Jury Practice.

    Time: 4:00 to 6:00 p.m.
    Place: U.S. District Court in Hato Rey
    Cost: Free to PRACDL members, and $25.00 for all other criminal defense lawyers.

In agreement with the Court's CJA Committee, CJA panel members who attend all four of the workshops will receive 1 of the 2 CLE credits required per year by the CJA Committee. No partial credits for attendance at less that all four workshops.

Following the workshop, we will hold our Annual Dinner Meeting (free, members only) at Café Al Fresco on O'Neill Street from 6:15 to 8:15 p.m. (dinner and all drinks included for those two hours). We will also hold our elections to the new Board.  Note: We don't have to leave after 8:15 p.m., but do have to pay our own drinks. A jazz group will start to play about that time.  I look forward to seeing you all there.

PRACDL invites all criminal defense lawyers to it's Fourth 2006 Workshop on Thursday, December 7, 2006. This will be followed by our Annual Dinner Meeting. See the announcement here. The workshop topic is Grand Jury Practice.

    Time: 4:00 to 6:00 p.m.
    Place: U.S. District Court in Hato Rey
    Cost: Free to PRACDL members, and $25.00 for all other criminal defense lawyers.

In agreement with the Court's CJA Committee, CJA panel members who attend all four of the workshops will receive 1 of the 2 CLE credits required per year by the CJA Committee. No partial credits for attendance at less that all four workshops.

Following the workshop, we will hold our Annual Dinner Meeting (free, members only) at Café Al Fresco on O'Neill Street from 6:15 to 8:15 p.m. (dinner and all drinks included for those two hours). We will also hold our elections to the new Board.  Note: We don't have to leave after 8:15 p.m., but do have to pay our own drinks. A jazz group will start to play about that time.  I look forward to seeing you all there.

PRACDL Seminar, Assembly & Elections

Today PRACDL held a half day seminar, followed by its annual assembly and elections. The seminar was on The Trial of a Complex Conspiracy Case: Openings, Closings and Important Trial Strategies, presented by New York Criminal Defense Lawyer Benjamin Brafman, Esq.  By all accounts the seminar was a success, so our congratulations to those who organized it.

As to the new Board, Tom Lincoln (yes, that's me) was elected President, replacing outgoing President María H. Sandoval.  The other Board members are:

• Mariangela Tirado-Vales
• Héctor M. Deliz
• Francisco M. Dolz-Sánchez
• Jason González-Delgado
• Frank D. Inserni
• Joseph C. Laws, Jr. - FPD-PR has permanent seat on Board
• Juan F. Matos
• Jorge E. Rivera-Ortíz

Other than for the President, the by-laws provide that the Board will select the officers from among its members. A Board meeting will take place soon to get moving.

This past year saw PRACDL achieve some momentum, thanks to the hard work of many, some of who are fortunately serving on the Board again, and others who have promised to assist even though no longer on the Board. So let me thank those who are no longer on the Board: Juan R. Acevedo-Cruz, Rachel Brill, Maria H. Sandoval, and Irma Valldejuli. Also a special thanks to PRACDL member Linda Backiel.

This coming year bodes well for PRACDL.

Update:

At the first board meeting, the Board elected the following PRACDL officers:

• Mariangela Tirado-Vales was elected Vice President
• Jason González-Delgado was elected Secretary
• Jorge E. Rivera-Ortíz was elected Treasurer

Hon. Aida M. Delgado-Colón - Our Next U.S. District Judge

President George W. Bush has nominated Honorable Aida M. Delgado-Colón, U.S. Magistrate Judge, to serve as U.S. District Judge for the District of Puerto Rico. Prior to being appointed as a U.S. Magistrate. she served for more than a decade as an Assistant Federal Public Defender. She has served as U.S. Magistrate Judge since 1993, and has earned the respect of prosecutors, defense attorneys and the other judges. She has truly earned this appointment through her hard work. PRACDL members take great pride in her achievements, since she was one of the 19 Charter Members of PRACDL - back in those days when she served as an Assistant Federal Public Defender.  ¡Muchas, pero muchas, felicidades!

TrialPrep - another PRACDL Blog

Recently I found myself assisting a fellow criminal defense lawyer who is going to trial in his first case before the U.S. District Court in San Juan. Not that I am the ideal person to seek help from as far as trial preparation, for there are many attorneys who are more experienced than yours truly.  But there is one thing that is ideal about asking me for help, and that is that I will always say yes to any fellow attorney who requests my assistance.

In helping this fellow attorney I soon realized that some of the biggest problems had little to do with actual knowledge of the law, but with uncertainties about the way to do things. Even how to organize all his case materials for trial so that he would not be looking for them like trying to find a needle in a haystack. Each attorney has different ways of doing things, and what works for some may not work for others.  To the extent we share these different ways, fellow attorneys get ideas and adapt to what they feel more comfortable doing.  As a simple example, as he was talking to me and showing me an FBI FD 302 of a debriefing of the government's star witness, I made some comments and he was going to write them on the 302. I stopped him and asked him if he had made clean copies of that and other documents he intended to use during trial. I also reminded him he should make a copy for the Court, for the witness (if necessary) as well as for opposing counsel (in this case the government had the original 302).  He then started thinking of the trial itself, including the mechanics of marking and presenting evidence. I explained to him how, for example, he would not want that particular 302 marked as an exhibit or presented as evidence, but only for identification, etc.  I could see him smiling, and then he told me, "I don't know how to thank you."  "You just have," I told him. This fellow attorney was very clear on the substantive law, knew the facts of the case well. We met for another 3 hours that day.

I sat through more than one trial before ever trying a criminal case. I also played second chair more than once to outstanding defense attorneys in San Juan. There are so many things that more experienced attorneys just do by second nature that do not even occur to less experienced attorneys.

At PRACDL's last annual assembly, there was a general agreement that PRACDL would become involved in mentoring and assisting the less experienced PRACDL members.  Seminars can be given, but there is nothing like a one on one experience with a fellow attorney.  I can assure you I got more out of my session with this attorney than he did from me. It also showed to me that he was eager to learn and that is one of the most important things any good lawyer has: a hunger for knowledge.

As a result, I had the idea of creating another PRACDL blog dealing with matters of trial preparation. We are today announcing TrialPrep - a PRACDL blog dedicated to all that criminal defense lawyers do from initial interviews through the end of a case at the trial court level. There's not much there yet, but I hope to start posting much more soon. For any readers of this blog who have any suggestions, I would appreciate your sending them to PRACDL at the email link on the top left sidebar. Let me know whether you want to be acknowledged or not.

PRACDL Request for Sentencing Information

All PRACDL members are urged to submit information as to each sentencing  hearing they attend, so as to give us all a better idea  of how Judges are sentencing post-Booker. The following information will be helpful:

• Offense
• Judge
• Nature of plea agreement (if any), i.e., type C, etc., and sentencing recommendations agreed to
• PSR's Guideline Computation (including Criminal History Category)
• Judge's Guideline Sentencing Range Calculation
• Sentence imposed (including any particular reasons stated by the Court if the sentence varies from the advisory guideline's sentencing range)
• Indicate whether the case went to trial or not

Please send an email with this information to PRACDL (email link at top left sidebar). This will be helpful to all of us.  We will organize and disseminate the information to all members periodically.