nix v. whiteside: what to do when you believe your client ... · criminal defense lawyers. richard...

Alaska Bar Association Annual Convention – May 9-11, 2018

Friday, May 11 | 8:30 a.m.1.5 Ethics CLE Credits

Nix v. Whiteside: What to do when you believeyour client wants to lie on the stand

“Everyone lies.” Ever hear that said? Ever suspect it of a witness? Or your client? When does a lawyerrisk ethical problems when a client’s story starts to diverge from the truth? What can the lawyer do inresponse? What must the lawyer do? What do you do when the requirement of zealous advocacy onbehalf of a client collides with the duty of candor to the court? What role do judges play in balancing the6th Amendment and enforcing ethical rules and perjury laws?

Jeff FeldmanJeff Feldman is an Affiliate Professor at the University of Washington School of Law, where he teachesCivil Procedure, Trial Advocacy, Evidence, and Deposition Practice. He also is of counsel to the SummitLaw Group, with offices in Anchorage and Seattle.

Mr. Feldman is a recipient of the ACLU’s Hero of Constitutional Rights Award, the Alaska Bar Association’sProfessionalism Award, and twice received the U.S. District Court’s Public Service Award. In 2013, hereceived the Alaska Bar Association’s Human Rights Award for a decade of work, with his former partner,Susan Orlansky, in connection with a death penalty case in Texas. Mr. Feldman is a fellow of the AmericanAcademy of Appellate Lawyers, a member of the American Law Institute, and a fellow of the AmericanCollege of Trial Lawyers. He served for 12 years as Chair of the Alaska Commission on Judicial Conduct,and as a member of the Board of Governors and as President of the Alaska Bar Association. He obtainedhis B.A. (with honors) and J.D. degrees from Northeastern University and served as a law clerk to AlaskaSupreme Court Justice Edmond W. Burke.

Scott TurowScott Turow is a writer and attorney. He is the author of eleven best-selling works of fiction, including hisfirst novel, Presumed Innocent (1987). His newest novel, Testimony, was published by Hachette/GrandCentral Publishers in May, 2017. He has written two non-fiction books about his experiences in the law,and his novels have been the basis of several films, including the movie, “Presumed Innocent.” His bookshave sold more than 30 million copies around the world.

Alaska Bar Association Annual Convention – May 9-11, 2018

A former federal prosecutor, Mr. Turow has been a partner in the Chicago office of Dentons LLC, aninternational law firm, since 1986, concentrating on white collar criminal defense, while also devoting asubstantial part of his time to pro bono matters. He has served on a number of public bodies, includingthe Illinois Commission on Capital Punishment to recommend reforms to Illinois’ death penalty system,and was the first chair of Illinois’ Executive Ethics Commission which was created in 2004 to regulateexecutive branch employees in the Illinois State government. He was also President of the Authors Guild,the nation’s largest membership organization of professional writers, and is an Emeritus Trustee ofAmherst College.

Nelson PageNelson G. Page graduated from Georgetown University Law Center cum laude in 1978, where he was onthe Board of Editors of the Georgetown Law Journal. He clerked for the honorable Warren W.Matthews, Associate Justice of the Alaska Supreme Court, and then joined the Anchorage law firm ofBurr, Pease and Kurtz. His practice included regular representation of professionals in malpracticelitigation. He was with the firm for 38 years and then became Bar Counsel for the Alaska State Bar in2017. He served on the Board of Governors of the Alaska Bar from 2013-2016 and was president of theBoard in 2015-16. He is a frequent speaker on ethics issues.

Cynthia StroutCynthia Strout has practiced law, primarily criminal defense, in Alaska for more than 30 years. She grewup in Bangor, Maine and graduated from Northeastern University School of Law in 1981. Her practiceconsists of the defense of primarily major felonies. She is past President of the Alaska Association ofCriminal Defense Lawyers.

Richard CurtnerRich Curtner has been a public defender for 40 years. He started in the Franklin County Public DefenderOffice in Columbus, Ohio, while in law school. After ten years, he was an office supervisor and felonytrial attorney, handling a number of death penalty cases through trial and appeals.

In 1985 he joined the faculty at Ohio State College of Law as supervising attorney in the law schoolclinical programs

Rich Curtner moved to Alaska in 1987. He spent the first five years in Alaska at the Public DefenderAgency in Palmer. He joined the Federal Defender Office in 1992. After a year in private practice and ashort term back at the State Public Defender Office as Training Director, in 1996 he was appointed bythe Ninth Circuit Court of Appeals as the Federal Defender for Alaska.

As Federal Defender, Rich Curtner supervises a staff of six attorneys, with a total staff of eighteen. Theoffice is responsible for providing indigent defense services in federal court for all of Alaska.

Alaska Bar Association Annual Convention – May 9-11, 2018

Friday, May 11 | 10:30 a.m.1.5 General CLE Credits

Orange is the New BlackA hit Netflix TV show wasn’t Piper Kerman’s goal when she wrote Orange is the New Black: My Year in aWomen’s Prison, a memoir about her 13 months in the Danbury Federal Correctional Institution. Thebestselling book and the TV series has led to a life of advocacy and given her a high-profile publicplatform to share her message: criminal justice reform needs to happen.

Piper Kerman, will speak about her own experiences in prison and shed light on the wide-rangingcollateral damage—particularly on family stability, women, children and minorities—of America’scriminal justice practices.

Piper KermanPiper Kerman is the author of the memoir Orange is the New Black: My Year in a Women’s Prison fromSpiegel & Grau. The book has been adapted by Jenji Kohan into an Emmy Award-winning original seriesfor Netflix.

Piper works with nonprofits, philanthropies, and other organizations working in the public interest andserves on the board of directors of the Women’s Prison Association and the advisory boards ofInsideOUT Writers and JustLeadershipUSA. She has been called as a witness by the U.S. Senate JudiciarySubcommittee on the Constitution, Civil Rights and Human Rights to testify on solitary confinement andwomen prisoners, and by the U.S. Senate Governmental Affairs and Homeland Security Committee totestify about the federal Bureau of Prisons. Piper has spoken at the White House on re-entry andemployment to help honor Champions of Change in the field, as well as the importance of arts in prisonsand the unique conditions for women in the criminal justice system. In 2014 she was awarded theJustice Trailblazer Award from John Jay College’s Center on Media, Crime & Justice and theConstitutional Commentary Award from The Constitution Project; the Equal Justice Initiative recognizedPiper as a Champion of Justice in 2015.

Piper is a frequent invited speaker to students of law, criminology, gender and women’s studies,sociology, and creative writing, and also to groups that include the International Association of WomenJudges, the American Correctional Association’s Disproportionate Minority Confinement Task Force, theNational Conference of State Legislatures, the National Criminal Justice Association, federal probation

Alaska Bar Association Annual Convention – May 9-11, 2018

officers, public defenders, justice reform advocates and volunteers, and formerly and currentlyincarcerated people.

Kerman is the recipient of Harvard's Humanist Heroine Award (2015), as well as the ConstitutionalCommentary Award from The Constitution Project (2014) and John Jay College's Justice TrailblazerAward (2014). She has testified before Congressional Committees and been invited to present on re-entry issues at The White House. She has lectured to hundreds of audiences across the U.S. rangingfrom justice reform groups, corrections professionals, universities, policymakers and business leadershipevents.

Piper is a graduate of Smith College. She lives in Columbus, Ohio, with her family.

There are no written materials for this session.

These materials are presented with the understanding that the publisherand authors do not render any legal, accounting, or other professionalservice. Due to the rapidly changing nature of the law, informationcontained in these publications may become outdated. As a result, anattorney using these materials must always research original sources ofauthority and update this information to ensure accuracy when dealingwith a specific client’s legal matters. In no event will the authors, thereviewers, or the publisher be liable for any direct, indirect, orconsequential damages resulting from the use of these materials.

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