UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
Re: Representation of Clients by Pro Bono
Counsel in Connection with Petitions STANDING ORDER NO. 15-1
for Clemency
WHEREAS, through Clemency Project 2014; private law firms provide pro bono
representation to Defendants who were previously convicted in the United States District Court for
the District of New Jersey, in connection with determining whether they may qualify to seek
reduction of their sentences and present applications for executive clemency under the Attorney
General’s April 23, 2014 announcement inviting such petitions and setting forth guidelines for such
applications (the Defendants assigned to pro bono counsel through Clemency Project 2014 will
hereinafter be referred to as “Clemency Project 2014 clients”); and
WHEREAS, law firms that represent clients in connection with Clemency Project 2014 in
this District (hereinafter “Pro Bono Counsel”) require access to the following documents relating to
Clemency Project 2014 clients, which may or may not have been filed under seal, in order to conduct
a complete evaluation oftheir clients’ eligibility for executive clemency under the Attorney General’s
guidelines:
• Presentence Investigation Report;
• Charging Document (including original/superseding complaint, information,
and/or indictment);
• Plea Agreement and Plea Colloquy Transcript;
Jury Instructions;
Judgment of Conviction with Statement of Reasons (including corrected or
amended judgment);
• Sentencing Motions and Memoranda;
• Sentencing Transcripts;
• For defendants who were released on bond, the Order Releasing Applicant
and Pretrial Services Report;
• Notice/Information to Establish Prior Convictions, pursuant to 21 U.S.C. §
851;
• Records of prior convictions, including: (1) charging document and any
amended charging document, (2) plea colloquy transcript; (3) judgment and
commitment order; and (4) jury instructions, if applicable;
• Motion for Downward Departure Under U.S.S.G. § 5k1.l or 18 U.S.C. §
3 553(e);
• Motion and Order for Downward Departure Under Fed. R. Crim. P. 3 5(b);
• Motion and Sentence Reduction Order Under 18 U.S.C. § 3582(c)(2);
• All briefs and opinions relating to a motion made to reduce sentence under
18 U.S.C. § 3582(c)(2);
• All motions, briefing, and orders relating to a habeas petition under 28 U.S.C.
§ 2241, 2255; and
WHEREAS, Pro Bono Counsel has requested permission to provide, with Clemency Project
2014 clients’ express consent, some or all of the above documents to:
(1) Members of the Clemency Project 2014 Steering and Screening Committees, all of
whom have signed a Non-Disclosure Agreement; and
(2) The Office of the Pardon Attorney, as a required attachment to any petition for
clemency filed under the Justice Department’s April 2014 Clemency Initiative;
ITlSonthis Lldayof /‘‘‘— ,2015,
ORDERED that, upon presentation of signed, written consent from a Clemency Project 2014
client, the United States Probation Office, U.S. Pretrial Services, and the United States District Court
Clerk’s Office for the District of New Jersey are authorized to provide that client’s pro bono counsel
with copies of the following documents, including any such documents that were filed under seal,
relating to the Clemency Project 2014 client and any costs associated with obtaining documents from
the Court shall be waived;
• Presentence Investigation Report;
• Charging Document (including original/superseding complaint, information,
and/or indictment);
• Plea Agreement and Plea Colloquy Transcript;
• Jury Instructions;
• Judgment of Conviction with Statement of Reasons (including corrected or amended
judgment);
• Sentencing Motions and Memoranda;
• Sentencing Transcripts;
U For defendants who were released on bond, the Order Releasing Applicant and
Pretrial Services Report;
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• Notice/Information to Establish Prior Convictions, pursuant to 21 U.S.C. § 851;
• Records of prior convictions, including: (1) charging document and any amended
charging document, (2) plea colloquy transcript; (3) judgment and commitment
order; and (4) jury instructions, if applicable;
• Motion for Downward Departure Under U.S.S.G. § 5k1.1 or 18 U.S.C. § 3553(e);
• Motion and Order for Downward Departure Under Fed. R. Crim. P. 35(b);
O Motion and Sentence Reduction Order Under 18 U.S.C. § 3582(c)(2);
• All briefs and opinions relating to a motion made to reduce sentence under 18 U.S.C.
§ 3582(c)(2);
• All motions, briefing, and orders relating to a habeas petition under 28 U.S.C. §
2241, 2255; and
IT IS FURTHER ORDERED that if Pro Bono Counsel require access to any additional
sealed documents that are not identified in the above list, such as, for example, jury trial transcripts
or other records relating to a Clemency Project 2014 clients prior convictions, Pro Bono Counsel
will make a separate motion to access such documents; and
IT IS FURTHER ORDERED that Pro Bono Counsel may be afforded access only to
documents relating to the individual client whom Pro Bono Counsel represents in connection with
Clemency Project 2014, and that, absent a motion, Pro Bono Counsel are not afforded access to any
sealed documents relating solely to a co-defendant in Clemency Project 2014 clients’ underlying
criminal matters; and
IT IS FURTHER ORDERED that Pro Bono Counsel may not use these documents for any
purpose other than the representation oftheir clients in connection with Clemency Project 2014; and
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IT IS FURTHER ORDERED that, with Clemency Project 2014 clients consent, Pro Bono
Counsel may provide a copy of these documents to:
(1) Members of the Clemency Project 2014 Steering and Screening Committees, all of
whom have signed a Non-Disclosure Agreement; and
(2) The Office of the Pardon Attorney, as a required attachment to any petition for
clemency filed under the Justice Departments April 2014 Clemency Initiative.
FOR THE COURT:
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ZROME B. SIMANDLE
Chief U.S. District Judge
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