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716 KB

Extraction Summary

7
People
10
Organizations
5
Locations
6
Events
7
Relationships
2
Quotes

Document Information

Type: Legal document
File Size: 716 KB
Summary

This legal document, dated February 9, 2022, from Winston & Strawn LLP, describes the National Association of Criminal Defense Lawyers (NACDL) and its practice of filing amicus curiae briefs. It cites legal precedents for amicus participation and requests the Court's permission to file an amicus brief regarding a motion for a new trial based on juror misconduct. The document notes that Counsel for the Defendant has consented, while Counsel for the DOJ has not yet responded to inquiries.

People (7)

Name Role Context
private criminal defense lawyers lawyer
NACDL members
public defenders lawyer
NACDL members
military defense counsel lawyer
NACDL members
law professors professor
NACDL members
judges judge
NACDL members
Counsel for Defendant counsel
consented to the filing of the amicus brief
Counsel for the DOJ counsel
contacted for its position on the amicus brief

Organizations (10)

Name Type Context
WINSTON & STRAWN LLP law firm
Firm associated with the document
NACDL professional association
National Association of Criminal Defense Lawyers, founded in 1958, files amicus briefs
Supreme Court court
NACDL files amicus briefs there
Second Circuit Court of Appeals court
NACDL files amicus briefs there
Scudder, Stevens & Clark, Inc. company
Defendant in the case Strougo v. Scudder, Stevens & Clark, Inc.
Vulcan Soc'y of NYC Fire Dep't, Inc. organization
Plaintiff in the case Vulcan Soc'y of NYC Fire Dep't, Inc. v. Civil Serv. Comm'n
Civil Serv. Comm'n government agency
Defendant in the case Vulcan Soc'y of NYC Fire Dep't, Inc. v. Civil Serv. Comm'n
Auto Club of NY, Inc. organization
Plaintiff in the case Auto Club of NY, Inc. v Port Auth. Of New York
Port Auth. Of New York government agency
Defendant in the case Auto Club of NY, Inc. v Port Auth. Of New York
DOJ government agency
Department of Justice, Counsel for DOJ was contacted

Timeline (6 events)

1958
NACDL was founded
1973
Decision in Vulcan Soc'y of NYC Fire Dep't, Inc. v. Civil Serv. Comm'n, 490 F.2d 387, 391
2d Cir.
1997-08-18
Decision in Strougo v. Scudder, Stevens & Clark, Inc., 1997 WL 473566
S.D.N.Y.
2011-11-22
Decision in Auto Club of NY, Inc. v Port Auth. Of New York, 2011 WL 5865296
S.D.N.Y.
2022-02-09
Counsel for the DOJ was called and emailed for its position on the amicus brief.
Counsel for amici Counsel for the DOJ
within two weeks from Court ruling
Amicus brief to be filed related to a motion for a new trial based on juror misconduct.
amici the Court

Locations (5)

Location Context
NACDL has direct members in
NACDL has affiliate organizations in
Part of the organization name 'Port Auth. Of New York' and location of a legal case
Southern District of New York, where legal cases were decided
Second Circuit, where a legal case was decided

Relationships (7)

NACDL's members include private criminal defense lawyers
NACDL membership public defenders
NACDL's members include public defenders
NACDL membership military defense counsel
NACDL's members include military defense counsel
NACDL membership law professors
NACDL's members include law professors
NACDL membership judges
NACDL's members include judges
Counsel for amici professional/legal Counsel for Defendant
Counsel for Defendant consent to the filing of this amicus brief.
Counsel for amici professional/legal Counsel for the DOJ
Counsel for the DOJ was called and emailed for its position on February 9, 2022 but has not yet responded.

Key Quotes (2)

"Federal courts have discretion to permit participation of amici where such participation will not prejudice any party and may be of assistance to the court."
Source
— the court in Strougo v. Scudder, Stevens & Clark, Inc. (Quoting a legal precedent regarding amicus participation)
DOJ-OGR-00008919.jpg
Quote #1
"The usual rationale for amicus curiae submissions is that they are of aid to the court and offer insights not available from the parties."
Source
— the court in Auto Club of NY, Inc. v Port Auth. Of New York (Explaining the purpose of amicus curiae briefs)
DOJ-OGR-00008919.jpg
Quote #2

Full Extracted Text

Complete text extracted from the document (2,095 characters)

Case 1:20-cr-00330-PAE Document 597 Filed 02/11/22 Page 4 of 5
WINSTON
& STRAWN
LLP
February 9, 2022
Page 2
2. NACDL was founded in 1958. It has a nationwide membership of approximately 10,000
direct members in 28 countries, and 90 state, provincial and local affiliate organizations totaling
approximately 40,000 attorneys. NACDL's members include private criminal defense lawyers, public
defenders, military defense counsel, law professors, and judges.
3. NACDL files numerous amicus briefs each year in the Supreme Court, the Second Circuit
Court of Appeals, and other courts, seeking to provide amicus assistance in cases that present issues of
broad importance to criminal defendants, criminal defense lawyers, and the criminal justice system as a
whole.
4. "Federal courts have discretion to permit participation of amici where such participation
will not prejudice any party and may be of assistance to the court." Strougo v. Scudder, Stevens & Clark,
Inc., 1997 WL 473566 (S.D.N.Y. Aug. 18, 1997) (citing Vulcan Soc'y of NYC Fire Dep't, Inc. v. Civil
Serv. Comm'n, 490 F.2d 387, 391 (2d Cir. 1973)); see also Auto Club of NY, Inc. v Port Auth. Of New
York, 2011 WL 5865296, at *1 (S.D.N.Y. Nov. 22, 2011) ("The usual rationale for amicus curiae
submissions is that they are of aid to the court and offer insights not available from the parties.")
We, therefore, respectfully request that the Court grant leave to file a brief amicus curiae on
these important constitutional questions. Counsel for Defendant consent to the filing of this amicus brief.
Counsel for the DOJ was called and emailed for its position on February 9, 2022 but has not yet responded.
Because the motion for a new trial based on juror misconduct is currently under seal, amici proposes that
the Court allow for such brief to be filed within two weeks from the time the Court rules on and provides
whatever filings or parts of filings that will become public. If the Court does not unseal any additional
information, amici will file a brief using information that is available in the public record.
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