Seventh Amendment requires jury trial when Government seeks punitive civil damages, not adjudication by administrative agencies

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            When the Government seeks punitive civil damages, the Seventh Amendment mandates a jury trial, not an administrative proceeding, the U.S. Supreme Court held June 27 in Securities and […]

Smith v. Arizona:  Expert’s reliance on another expert’s work for their opinion is “for the truth” and implicates Confrontation Clause

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender When an expert witness testifies to an absent lab analyst’s factual assertions to support his own opinion, the absent analyst’s statements are being offered for “the truth of the […]

Snyder v. U.S.:  Federal corruption statute doesn’t prohibit “gratuities” to state and local officials

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute which prohibits state and local public officials from corruptly accepting anything of value with the intent to be influenced or rewarded for an official act […]

Spotlight on Wellness & Sustainability

Wellness in public defense is a professional requirement, not a luxury. Public defense work has evolved and, in the modern era, demands extraordinary individual commitment to providing holistic defense. However, sustainability requires shifting from individual responsibility to shared organizational responsibility. […]

Strengthening Defense Teams: NAPD’s Team Mitigation Institute

The National Association for Public Defense (NAPD) recently hosted their Team MitigationInstitute in Seattle, Washington. This intensive, multidisciplinary event brought together publicdefenders from across the country to hone their skills in developing and implementing effectivemitigation strategies for their clients. The […]

Supreme Court issues capital opinions on failure to correct false evidence, presenting highly prejudicial evidence, and intellectual disability

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The U.S. Supreme Court has issued opinions in three death penalty cases so far this Term.            In a case that received wide publicity, Glossip v. Oklahoma, decided […]

The Leadership Institute’s Winning Formula Continues to Shape Public Defense Leaders

The National Association for Public Defense (NAPD) Leadership Institute’s essential training for public defense leaders across the country took place this past April in Indianapolis. Its success, highlighted by the sold-out 2025 program, comes from its practical approach to real-world […]

The Problem with Ignoring the National Public Defense Workload Study

By Kawan Clinton, Deputy Attorney in Charge of the Manhattan trial office of The LegalAid Society. Co-chair of the NAPD Workloads Committee. This blog is in response to Professor John P. Gross: https://publicdefenders.us/blogs/the-problems-with-the-national-public-defense-workload-study/.1The problem with the National Public Defense Workload […]

Thompson v. U.S.:  Statute prohibiting “false” statements in connection with loans does not criminalize “misleading” statements

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute which prohibits making false statements to the FDIC in connection with a loan does not criminalize “misleading” statements which are not false, the U.S. Supreme […]

Thornell v. Jones:  Federal courts cannot ignore weighty aggravating evidence in applying Strickland prejudice standard

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The Ninth Circuit improperly ignored the weight of aggravating evidence in finding that a death-sentenced defendant was prejudiced under Strickland’s standard for ineffective assistance of counsel, the U.S. […]

Training Division Coordinator

About NAPD The National Association for Public Defense (NAPD) is home to over 25,000 public defense professionals nationwide. We are committed to promoting justice by supporting public defenders and their teams with training, advocacy, and resources that strengthen the defense […]

Transforming the Workplace Culture at a Defender Organization: A Journey of Emotional Intelligence and Bias Awareness

In the demanding world of public defense, where social workers and attorneys tirelesslyadvocate for marginalized populations, the importance of emotional intelligence in the workplacecombined with a supportive environment cannot be overstated. Over the years, my work withvarious organizations has been […]

U.S. v. Rahimi:  Prohibiting persons with domestic violence restraining orders from possessing guns doesn’t violate Second Amendment

By Greg Mermelstein, Deputy Director & General Counsel, Missouri Public Defender            The federal statute which prohibits people subject to domestic violence restraining orders from possessing a firearm if they are a “credible threat” to the safety of their partner […]

Update on the Census and Survey of Public Defender Offices

NAPD is part of the teams working on two major research projects from the U.S. Department of Justice, Bureau of Justice Statistics (BJS): the Census and Survey of Public Defender Offices. BJS has recently shared updates on each project. The […]

We the Defenders Detroit: A Catalyst for Change in Public Defense

The recent NAPD We the Defenders Conference in Detroit was more than just a gathering; it was a revitalizing force for the public defense community. Bringing together 265 dedicated professionals, including investigators, mitigation specialists, social workers, paralegals, and other essential […]

We the Defenders Detroit: Detroit is the phoenix born from the ashes anew

D-town was the perfect spot to hold this training.  Forget what you heard, Detroit is the phoenix born from the ashes anew.  There is a palpable hope that resonates through every business and resident here.  Detroit has become one of […]