About the Author
John Wesley Hall,
Jr. :: ForHall@aol.com
John Wesley Hall, Jr. is a criminal
defense lawyer who practices in Little Rock, Arkansas. His criminal
practice includes trials, appeals, and post-conviction litigation.
As NACDL's
original ethics advisor, he has been consulted by at least
900 criminal lawyers seeking confidential counsel on ethics issues
in the U.S., Military Courts, Canada, and international tribunals.
A student of the law of legal ethics in criminal defense practice
and prosecutorial misconduct for over 30 years, he has argued twice
in the U.S. Supreme Court, authored numerous amicus briefs in the
Supreme Court for NACDL and others, and he has appeared in four federal
circuit courts.
Licensed to practice law for since 1973,
he has handled over 250 jury trials and over 200 appeals, having
made at least 80 oral arguments, two in the U.S. Supreme Court.
He concentrates on cases involving search and seizure issues, particularly
drugs, sex, violence and computer crime. He also handles street
crime, white collar crime, homicide, war crimes, and death penalty
cases. Professional Responsibility of the Criminal Lawyer was first
published in 1987 and the second edition was published in 1996.
He received his law degree from the University
of Arkansas at Fayetteville in 1973. Before beginning his criminal
defense practice, Mr. Hall was a deputy prosecuting attorney in
Little Rock, and he was head of the office's Career Criminal Division
at the time he entered private practice in 1979. He also is licensed
to practice in New York, Nevada, Tennessee, and the District of
Columbia, seven federal district courts, as well as seven of the
thirteen federal appellate circuits, and the International Criminal
Court.
He was involved in the defense of a Sierra
Leone government official accused of war crimes in putting down
that country's civil war on trial before the Special
Court of Sierra Leone, an international war crimes
tribunal. That trial kept him in West Africa on third months, 2004-06.
He is a President Elect and a Life Member
of the 13,000 member (with 13,000 members and 90 affilate organizaions
with a total of about 35,000 members) of the National
Association of Criminal Defense Lawyers (NACDL), was
the Chair of NACDL's Ethics Advisory Committee 1990-2005. He Previously
served as NACDL Secretary for 2003-04, Treasurer for 2004-05, Second
Vice-President for 2005-06, and First Vice President for 2006-07.
He received the NACDL's prestigious Robert
C. Heeney Memorial Award in 2002, NACDL's highest honor
for service to the criminal defense bar and NACDL.
He is also one of NACDL's representattives to the ABA task force
working on the fouth edition of the ABA Standards for the Prosecution
Function and Defense
Function.
He was elected by defense counsel in the International
Criminal Court in The Hague as a permanent member of the attorney
Disciplinary Appeals Board of the ICC for a four year term, 2007-10.
The Board consists of two lawyers alleged by the lawyers on the Registry
and three ICC judges appointed by the President of the Court.
He is also on the Board of Directors of
International
Criminal Defence Attorneys Association and one of the
principal drafters of the International
Criminal Bar's Code of Conduct.
He is peer review listed in The
Best Lawyers in America, and A-V rated by Martindale-Hubbell.
He is also a Fellow of the American Board
of Criminal Lawyers, and a Past President of the Arkansas Association
of Criminal Defense Lawyers receiving its Champion of Justice Award
in 2003 and Humanitarian Award in 2005.
He is regular CLE speaker on lawyers'
ethics for criminal defense lawyers, having done at least 120 CLEs
in about 35 states, Québec, Alberta, and The Hague. He has
also appeared as an expert witness on the question of legal ethics
of criminal defense lawyers, criminal defense malpractice, ineffective
assistance of counsel, and prosecutorial misconduct from both sides.
He has been an occasional Adjunct Professor of Law at the University
of Arkansas at Little Rock School of Law and a lecturer at UALR's
Graduate School of Criminal Justice.
He is also writes a blog on the Fourth
Amendment updated daily, depending on his trial schedule, www.FourthAmendment.com,
the author of Search
and Seizure (3d ed. 2000) published by Lexis Law Publishing
(fourth edition forthcoming) and Trial
Handbook for Arkansas Lawyers (2006 ed.) (5th edition).
He is in complete denial about the possibility
of burnout. See § 34:7.
|
©
2005-08
All
U.S. Ethics Codes
States
U.S.
Attorney's Manual
28
U.S.C. § 530B
28
C.F.R. § 77.1 et seq.
Military
ABA
Standards
Texas
DP Counsel Stds
Canadian
Law Society Rules
International
Tribunal Rules
Other
Ethics Sources
Puerto
Rico
IRS
Form 8300 (Eng.)
IRS
From 8300 (Sp.)
26
U.S.C. § 6050I
NACDL
Ethics Opinions
Research Links:
Findlaw
(Legal Ethics)
Findlaw
(6th Amendment)
ABA/ALI
Lawyers' Manual on Professional Conduct $
Westlaw $
Lexis $
American Legal
Ethics Library
ABAJournal.com/legalethics
USF Law
Library Legal Ethics Research
USF Center
for Applied Legal Ethics
U.Minn.
Researching Legal Ethics
Defense organizations:
National
Association of Criminal Defense Lawyers (NACDL)
National Legal Aid and Defenders
Association (NLADA)
Association of Federal Defense
Attorneys (AFDA)
Federal Defenders, fd.org
Capital Defense Network
Defense organizations:
National Association of Criminal Defense Lawyers
(NACDL)
National Legal Aid and Defenders Association
(NLADA)
Association of Federal Defense Attorneys (AFDA) //
Federal Defenders, // Capital
Defense Network
Law Blogs:
Alaskablawg
ambivalent imbroglio
Am. Constitutional Law Society
Anonymous
Lawyer
A Public Defender
Arbitrary and Capricious
Austin Criminal Defense
Lawyer
Barely Legal
Blonde Justice
Capital Defense
Weekly
Crime & Federalism
CrimLaw
Criminal
Appeal
CrimProf
Blog
Dallas Criminal
Defense Lawyer
Defending People:
The Art and Science of Criminal Defense Trial Lawyering
Ernie
the Attorney
Grits for Breakfast
idealawg
I'm a PD
INCourts
Indefensible
Indiana Public Defender
Injustice Anywhere
I Respectfully
Dissent
Law.com
Law: The Afterlife
Lawyers, Guns & Money
Legal
Blog Watch
Legal Ethics
Forum
Legal Sanity
LegalTimes.com
Life at the Bar
May
It Please the Court
Macando Law (P.R.)
Not Guilty No
Way
Objective Justice
Obtaining Foreign Evidence
Out of the Box
Lawyering
Overlawyered
PhilosophicaLawyer
Public Defender
Dude
Public Defender Law Clerk
PULSE
Criminal Justice
Seventh Circuit Blog
Tales of PD Investigator
TalkLeft
ThatLawyerDude
The Best Defense
Truth, Justice, Pizza
Underdog
Blog
White Collar
Blog
Women of the Law
Steve
Dallas, Esq.
Some
Advice From Your Public Defender
"A lawyer shall represent a client zealously within the bounds of
the law."
—§ 1:1, Rule 3(a) (not "should" from CPR Canon 7)
"The very premise of our adversary system of criminal justice is that partisan
advocacy on both sides of a case will best promote the ultimate objective that
the guilty be convicted and the innocent go free."
—Herring v. New York, 422 U.S. 853, 862 (1975)
"The right to the effective assistance of counsel is thus the right of the
accused to require the prosecution's case to survive the crucible of meaningful
adversarial testing. When a true adversarial criminal trial has been conducted
... the kind of testing envisioned by the Sixth Amendment has occurred. But
if the process loses its character as a confrontation between adversaries, the
constitutional guarantee is violated."
—United States v. Cronic, 466 U.S. 648, 655-56 (1984)
"The right to offer the testimony of witnesses, and to compel their attendance,
if necessary, is in plain terms the right to present a defense, the right to
present the defendant's version of the facts as well as the prosecution's to
the jury so it may decide where the truth lies. Just as an accused has the right
to confront the prosecution's witnesses for the purpose of challenging their
testimony, he has the right to present his own witnesses to establish a defense.
This right is a fundamental element of due process of law."
—Washington v. Texas, 388 U.S. 14, 19 (1967)
"[T]he Constitution guarantees criminal defendants 'a meaningful opportunity
to present a complete defense.'"
—Crane v. Kentucky, 476 U.S. 683, 690 (1986) (quoting California
v. Trombetta, 467 U.S. 479, 485 (1984)).
“If you’ve got the right lawyer with you, we’ve got the
best legal system in the world.”
— Robert Trott, “Justice,” Fox, August 30, 2006, episode 1.1
We, as criminal defense lawyers, are forced to deal with some of the lowest people
on earth, people who have no sense of right and wrong, people who will lie in
court to get what they want, people who do not care who gets hurt in the process.
It is our job–our sworn duty–as criminal defense lawyers, to protect
our clients from those people.
—Cynthia Roseberry |