Caroline Fredrickson

  • December 13, 2013

    by Caroline Fredrickson, ACS President

    Robert F. Kennedy’s tragic presidential run – he was assassinated June 5, 1968 – was also extraordinary in that a major political figure was trying to focus the nation’s attention on the most vulnerable among us, those living in dire poverty. One of his top aides, Peter Edelman was instrumental in RFK’s efforts to arouse the national conscience about poverty. Edelman is now a Georgetown law school professor and a nationally recognized figure, devoted to improving our society by helping the large numbers of Americans who have for far too long been overlooked.

    And, until recently, Peter was also ACS’s Board Chair. His term ended this month, but he remains on the Board. His leadership and guidance as Board Chair were deeply appreciated and we will look forward to his continued partnership with ACS for years to come.

    Peter’s illustrious career has included not only his work for RFK, but also as Issues Director for the late Sen. Edward Kennedy’s presidential campaign and service in the U.S. Department of Justice as Special Assistant to Attorney General John Douglas.

    But Peter above all, has devoted great amounts of energy and time to fighting poverty. If you’ve not done so, you should read Edelman’s 2012 book, So Rich, So Poor for a compelling, albeit disheartening, examination of why ending poverty in this nation has been a constant uphill battle. Bill Moyers called the book a must-read “for anyone who wants to understand why, in one of the richest nations in the world, millions of people, even those with jobs, are teetering just a medical bill or missed paycheck from disaster.”

    We’re grateful Peter has given some of his remarkable energies and talent to support and advance the work of ACS.

  • December 13, 2013

    by Caroline Fredrickson, ACS President

    Since its founding in 2001, ACS has enjoyed the great fortune of a consistently strong Board of Directors, with some of the nation’s leading academics, practitioners and activists serving. At our recently scheduled Board meeting we said goodbye to a few long-serving members and selected a new Board chair, David M. Brodsky.  

    David’s legal career is a highly distinguished one. He was formerly a partner of the global law firm Latham & Watkins LLP. Some of his duties included advising foreign and domestic companies with respect to investigations of suspected criminal conduct, complex securities litigation, including class actions and other regulatory investigations and enforcement actions.   

    He is now the sole principal of a mediation and arbitration firm in New York City. Before launching Brodsky ADR LLC to help effectively solve complex disputes, David spent decades building a nationally recognized reputation as one of this nation’s greatest trial lawyers.

    There’s more to the story. David has served as a federal prosecutor, a general counsel to an investment bank and on numerous pro bono boards. His energy and dedication to the legal profession and to making justice accessible is extraordinary. Indeed his very rich, varied legal career has won him honors from numerous national legal publications, being consistently named among the top 100 “Super Lawyers” in New York and listed in the 2012 Best Lawyers in America survey.

    David, in an eloquent ACSblog post, paid tribute to some of ACS’s long-serving Board members whose terms recently ended. But ACS members, supporters and friends should get to know David. He’s an inspiring figure and a tireless advocate of ACS’s work. We’re grateful he’s taken a leadership role on the Board.  

    [image via Brodsky ADR LLC]

  • September 23, 2013

    by Jeremy Leaming

    UNC Law School Professor Gene Nichol earlier this year at a Harvard symposium on the legacy of Gideon v. Wainwright and the state of funding for indigent defense blasted the legal system’s treatment of the poor.

    Poor litigants, criminal or civil, more often than not are treated unequally before the law. “Despite our perpetual boasts, we turn out to be the effective adversary to equality; outposts, comforter, companion, and the better to marginalization,” Nichol said.

    This year marks the 50th Anniversary of Gideon v. Wainwright, the landmark Supreme Court case that held the Sixth Amendment’s right to counsel means that criminal defendants have a constitutional right to counsel whether they can afford it or not. That case placed a mandate on the States to ensure that poor criminal defendants are provided legal representation. But as Nichol and others have noted, such as ACS’s Caroline Fredrickson, too many States have fallen woefully short of ensuring that poor criminal defendants have access to competent counsel.

    In an interview earlier this year with ACSblog, Stephen Bright, head of the Southern Center for Human Rights, provided his thoughts, in some ways similar to Nichol’s, about the state of indigent defense. Like Nichol, Bright noted the nation’s and legal profession’s callousness toward the poor.

    Bright (pictured) said, “One would think that if the court said this is what the Sixth Amendment to the Constitution of the United States, the right to counsel, that this is what it means – that the state has to provide a lawyer that the states would have done that. But Gideon has been treated as an unfunded mandate.”

    So why have many States given short-shrift to funding of indigent defense services? Likely, Bright said, the answer lies with a society that has remained indifferent, at best, to poverty.

    “When Robert F. Kennedy was attorney general, he said the poor person accused of a crime has no lobby,” Bright noted. “That’s exactly right. There’s no constituency.”

  • September 20, 2013
     
    During a week when many groups and individuals are celebrating the signing of the U.S. Constitution -- September 17 is Constitution Day -- it is appropriate to take note of how far we have fallen short of fulfilling certain fundamental rights promised in our governing document.
     
    As Dean Erwin Chemerinsky noted in this ACSblog post, we are not just celebrating the signing of a parchment, we are actually taking note of how the Constitution has "been interpreted and implemented over the course of American history."
     
    There are examples of where the judiciary has misinterpreted the broad language of the Constitution or where states have faltered or failed in implementation of constitutional mandates, but let's take one example that provides a stark picture of a nation failing to live up to a promise of genuine equality before the law. Let's look at the Sixth Amendment's right to counsel.
     
    Fifty years ago this year, in a landmark opinion, Gideon v. Wainwright, the U.S. Supreme Court ruled that the Sixth Amendment's right to counsel means that people in danger of losing liberty have a right to counsel, even if they cannot afford it. In his majority opinion, Justice Hugo Black observed, "The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours. From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him."
     
  • June 3, 2013

    by Jeremy Leaming

    ACS President Caroline Fredrickson provided context to the discussion over Senate Republicans’ efforts to scuttle President Obama’s judicial nominations, in particular focusing on the three vacancies on the U.S. Court of Appeals for the District of Columbia.

    During a June 2 segment on MSNBC’s “Melissa Harris-Perry” show, Fredrickson said Americans should understand that a “vast majority” of high-profile and constitutional weighty cases have to be heard by the D.C. Circuit.

    “Major cases involving regulations” of our health care system, environment, and workers’ rights are heard by the Court, as well as major national security cases and voting rights cases. The majority of such cases are “required to go to the D.C. Circuit,” meaning the Court is one of the more powerful in the country, she said. And as noted on this blog frequently Senate Republicans, especially Senate Judiciary Committee Ranking Member Chuck Grassley (R-Iowa), are bent on keeping the president from making a lasting imprint on the D.C. Circuit. For instance, Grassley is pushing a bill to cut the 11-member court to eight seats thereby preventing Obama from placing any more judges on that court. (Recently the Senate confirmed Obama’s nomination of Sri Srinivasan to a seat on the D.C. Circuit, after twice blocking the president’s initial nomination to the Court.)

    Fredrickson noted that when George W. Bush was president Grassley had no complaints about the number of seats on the D.C. Circuit, instead strongly supporting the president’s constitutional duty to fill vacancies on the federal bench. Fredrickson noted that Grassley and other Republicans “fought like hell to get George Bush’s nominees on the D.C. Circuit when the caseload was not only lower, but they wanted to go right up to the 11th seat and now they say eight is plenty.”

    Fredrickson and the other panelists, including the Alliance for Justice’s Nan Aron, also touched upon discussion in the Senate to alter the filibuster to make it more transparent and a bit more difficult for the obstructionists to abuse. Part of the reason for renewed interest in reforming the filibuster is that Senate Republicans are showing no signs of making it any easier for the president to fill judicial vacancies and some executive branch vacancies.

    See the entire segment below or visit this link.

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