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August 10, 2016

Reflections from those working hard to get their clients clemency

The National Law Journal has this notable new article headlined "Lawyers Reflect on Clemency Work After Obama Executive Action," and here are excerpts:

When President Barack Obama commuted the sentences last week of 214 nonviolent drug offenders, he changed the lives of many inmates who may never have expected to leave prison.  The action also had a profound impact on defense lawyers involved in pursuing the clemency petitions that the president has now granted.

When criminal defense attorney James Felman calls down to the Cole­man Penitentiary in Florida to inform his clients that their clemency petitions have been granted, he said the experience is sometimes a little awkward. Surrounded by guards in the warden's office­­ — where prisoners are typically brought if they are in trouble or a loved one has died — the inmate may not exactly feel free to celebrate, Felman said. "It's not like they can start dancing," he said.

Felman, a partner at Kynes Markman & Felman in Tampa, saw five of his clients granted clemency on Aug. 3, when President Barack Obama commuted the sentences of 214 inmates — the highest number a president has ever granted in a single day.  The move comes amid a broader effort by the president to reduce sentences for nonviolent drug offenders.  Since 2010, Obama has granted 562 commutations and 70 pardons, more commutations than the last nine presidents combined.

Of Felman's clients to receive clemency last week, all were men convicted on nonviolent drug charges.... "You can't imagine a more rewarding experience as a lawyer," Felman said.

Felman, whose firm has successfully advocated for 12 clemency petitions, served as the chair of the American Bar Association Section of Criminal Justice from 2014 to 2015, and is a member of the steering committee for the Clemency Project 2014, a working group of lawyers who review clemency petitions.  Through the project, inmates who qualify for clemency under the guidelines are assigned a lawyer, who works the case pro bono....

Marjorie Peerce, a New York partner at Ballard Spahr and a member of the project's steering committee, has been involved with the project since its inception, and supervises about 100 lawyers at her firm who work these cases.  She estimated that the project had submitted about 1,500 petitions to the U.S. Office of the Pardon Attorney and had about 4,000 lawyers volunteering, both from criminal defense backgrounds and from unrelated fields. "The private bar really stepped up," Peerce said.  Her firm had three clients granted clemency on Aug. 3, but she declined to discuss their cases specifically.

Sherrie Armstrong, a Washington environmental lawyer at Crowell & Moring, worked on behalf of Stephanie George, who had her life sentenced commuted in December 2013.  Armstrong worked with George's sister to collect recommendation letters, including letters from a community pastor, an interested employer and George's children. Armstrong added that the writing style demanded by these clemency petitions differs from that of her normal style as an environmental lawyer.  "You're not writing for a court.  It's a more persuasive, emotional appeal," she said.

August 10, 2016 at 09:47 AM | Permalink

Comments

I work at Yale New Haven Hospital but took on a case of neonaticide with an 18 year sentence. I did all the research, found 3 pro bono attorneys, got 20 letters of support, a psychological clearance and filed the petition in the state of Connecticut. She was granted clemency for Sept 30, 2016 after serving 9 yrs and 9 months. It is only the 4th granted in the last 7 years and 190 applicants. Do you have numbers on State clemencies, as opposed to Federal?

Posted by: Doug Hood | Sep 26, 2016 3:45:02 PM

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