STATEMENT OF QUALIFICATIONS
Alan Silber's Qualification Letter When Nominated to the Board
of the National Association of Criminal Defense Lawyers

Service on the NACDL Board of Directors is a daunting, yet challenging concept.  The Board plays a significant role in implementing policy that impacts the very existence of a free society.  A gaudy, but not hyperbolic statement.  The criminal justice system is where the inevitable battle between liberty and order is fought in the first instance.  Order is easily championed, and as easily becomes tyranny.  Any civilized society aspires to “ordered liberty”, but liberty is a more ephemeral concept.  Because we, as criminal defense lawyers,  are on the firing line every day, we understand with special insight how easily liberty is compromised in the name of expediency.  That special insight gives us a special responsibility to fight for liberty in an organized fashion, as we do for our individual clients.  The NACDL is the organization that allows us to do that effectively

I have been a full time criminal defense lawyer for 27 years.  My practice has been almost  exclusively criminal defense and related civil litigation, such as forfeiture.  I have regularly appeared in New Jersey state courts and federal courts in many different jurisdictions in all kinds of criminal cases from white collar crime to murder.

As the Third Circuit Coordinator of the Lawyers Assistance Committee for many years, I have represented almost a score of members and have supervised representation of many others.  I’ve also twice served as the Third Circuit Representative on the Nominating Committee, and for two years, as the Chairperson of the NACDL Drug Policy Committee.  That Committee published several valuable articles on different aspects of  the drug war.  One was my article  in “The Champion” called “The Drug War On Drugs Is Destroying the Independent Criminal Defense Bar” (March 1991).  In addition, I was designated as the NACDL representative to the ABA ad hoc Drug Policy Committee.

The Association of Criminal Defense Lawyers of New Jersey was founded in 1985.  I was a founding Board member, officer, and became the eighth President (1992-93).  As a past President, I chair the Lawyers Assistance Committee of that organization.  My main office was in New York City from 1983 to 1990.  During the period of time, I was a also a founding member  and on the Board of Directors of the New York State Association of Criminal Defense Lawyers.  From these experiences, I have learned that strong affiliates are critical to the success of NACDL.

In 1994 and 1995, I was appointed as the State Bar Representative to the New Jersey Sentencing Study Policy Commission, which was established by the New Jersey Legislature to reform sentencing policy.    The Chief Justice of the New Jersey Supreme Court and the Attorney General of the State were among the members of that commission.  I authored the segment of the Commission’s Report opposing minimum mandatory sentences and parole disqualification.

But most all, I am proud to be a hard working, in-the-pits criminal defense lawyer.    I’ve tried cases for over 35 years in every kind of court.   My practice is now predominantly federal, but runs the gamut of the defense lawyer.    Over the course of the years, I have met and fought along side of many members of this association.  I value those friendships and those experiences as much as anything in life.   Because we stand for the best in our profession, it would be an honor and a privilege to have the opportunity to serve.