Background

Mark Hamilton

Highlights

  • Extensive experience in policy development, legislative drafting, legislative processes and procedures, foreign comparative law, and international public law, including anticorruption, law reform, and related training and capacity building in (post-)conflict and developing nations.
  • Former attorney in nonpartisan Office of Legislative Counsel, U.S. House of Representatives, and nonpartisan staff counsel for Criminal Justice and Corrections Committee, Washington State House of Representatives.
  • Significant experience working with United Nations organizations and with projects funded by the U.S. Agency for International Development (USAID) and Millennium Challenge Corporation (MCC).
  • Civil litigation in individual and class actions involving consumer protection issues, lender liability, civil RICO claims, and other matters in Federal and State trial and appellate courts. Prepared motions, memoranda, and briefs, including petition for writ of certiorari to U.S. Supreme Court and argued before a U.S. Circuit Court of Appeals.
  • Developed coursebook on policy development and legislative drafting for use in Indonesia and East Timor.

Consulting Experience

Legislative Consulting Services (Washington, D.C.)

Attorney / Independent International Legal Consultant

  • Policy development, legislative drafting, review, and analysis, and related training and capacity building.
  • Project performance review, grant and proposal writing, and needs assessments. ‎
  • Legal consultation, research, writing, and representation.

Accomplishments:

  • Designed and implemented numerous courses, seminars, and workshops on legislative drafting, policy development, monitoring and evaluation, research, reporting, and other topics for legislative bodies, legislators and staff, and ministerial officials in developing nations, including Afghanistan, Rwanda, the West Bank, Iraq, and Timor-Leste (East Timor).
  • Drafted Whistleblower Protection Law for proposal to the Afghan Government.
  • Spearheaded efforts of the international community and Government of Afghanistan to reform and modernize the Penal Code of Afghanistan.
  • Developed syllabus and curriculum for graduate-level Diploma Program in Legislative Drafting in Rwanda.

Employment

Independent Joint Anti-Corruption Monitoring and Evaluation Committee (MEC) (Kabul, Afghanistan)

Governance Expert (2013-2014)

  • MEC was established by presidential decree and is a joint effort of the Afghan Government and the international donor community in Afghanistan.
  • Developed policies and provided policy-related advice based on research and consultations.
  • Drafted and reviewed legislation, proposed legislation, and other national and international initiatives against corruption, including legislative proposal for a whistleblower protection law.
  • Conducted monitoring and evaluation activities related to national and international anticorruption efforts. Provided substantive input to reports on MEC activities, status of recommendations, monitoring and evaluation results, and other anticorruption issues.

United Nations Office on Drugs and Crime (UNODC), Country Office for Afghanistan (Kabul, Afghanistan)

Advisor for Legislative Drafting Capacity Building (2012)

  • Coordinated and chaired meetings of Criminal Law Reform Working Group, made up of representatives from Afghan Government offices, local NGOs, and international aid organizations, and performed substantial legislative research and drafting related to review of Afghan ‎Government draft laws and regulations. ‎
  • Worked extensively on the ongoing reform of the Afghan Penal Code. Worked Afghan with officials to assess and ensure compliance with international treaty obligations, including the U.N. Convention against Corruption.

Senior Advisor to the Ministry of Justice (2010-2011)

  • Coordinated and chaired meetings and consultations of the Criminal Law Reform Working Group, established to coordinate national and international organizations for consultation, review, and proposed revision of criminal justice-related legislation under consideration by the Afghan Government.
  • Specific projects included legislative drafting and advice related to reform of the Afghan Criminal Procedure Code, draft Law on Major Crimes, and Regulation on Women’s Protection Centers.

USAID’s Afghanistan Rule of Law Project (ARoLP) (Kabul, Afghanistan)
(implemented by Checchi & Co. Consulting, Washington, D.C.)

Senior Attorney / Legislative Drafting Specialist (2005-2007)

  • Participated in policy meetings with the Ministry of Justice of Afghanistan and other international organizations on the yearly legislative agenda for the country and advised the Ministry on particular legislative proposals.
  • Designed and implemented trainings in legislative problem-solving, policy development, research, analysis, and legislative drafting skills and techniques. Provided ongoing training in comparative law, legislative drafting skills, and advanced legal English.
  • Supervised electronic and print republication and distribution of Official Gazette of Afghanistan (1964-2007), for Ministry of Justice. Developed database of Afghan law for publication on Ministry’s official website.

University of San Francisco School of Law, Center for Law and Global Justice
Legislative Drafting Initiative in East Timor (Dili, Timor-Leste)

Program Manager and subject matter expert (2005)

  • Management, planning, and overall responsibility for program that increased democratic law-making capacity in East Timor. Also acted as subject matter expert in legislative drafting and policy development.
  • Collaborated with the National Parliament of East Timor in order to develop its institutional skills in analyzing social problems and responding to them legislatively. Created civil society working groups to provide Parliament with the civil society inputs vital to democratic law-making processes.

U.S. House of Representatives, Office of the Legislative Counsel (Washington, D.C.)

Assistant Counsel (1999-2002)

  • Provided nonpartisan legislative drafting services for House Members and committees, including House bills, resolutions, constitutional amendments, committee and Floor amendments, and conference committee changes.
  • Provided nonpartisan legal advice on issues related to legislation, including constitutionality, legal sufficiency, effect on existing laws, budget issues, and parliamentary procedures.
  • Provided advice on effect and impact of legislation, laws, regulations, and relevant court decisions.
  • Over 2 years formal training in legislative drafting, statutory interpretation, parliamentary procedure, and a broad range of U.S. Federal law, including constitutional law, administrative law and procedure, rulemaking, criminal law and procedure, civil procedure, budget and appropriations, and Federal grants and commissions.
  • Areas of legislative specialization included the following:
  • Elementary and secondary education and adult vocational education, including homeless education assistance and disability education. (Enacted legislation includes the Education Sciences Reform Act of 2002 (Pub. L. 107–279) and the No Child Left Behind Act of 2001 (Pub. L. 107–110).)
  • Medicare and medicaid and Federal issues involving the District of Columbia.
  • Consumer protection, including fair credit reporting, consumer privacy, consumer credit protection, consumer product safety, hazardous materials, motor vehicle safety, and medical malpractice.
  • Labor and employee health and benefits, including fair labor standards, disabilities law, occupational safety and health, and labor relations. Labor and employee health and benefits, including the Fair Labor Standards Act, the Americans with Disabilities Act of 1990, family and medical leave, Federal employee compensation, occupational safety and health, black lung benefits, the former Davis-Bacon Act, the National Labor Relations Act, and other laws.
  • Acted as faculty member in Congressional Research Service’s “22d CRS Congress” to teach congressional staff members the lawmaking process, congressional procedure, and legislative drafting.

Washington State House of Representatives, Office of Program Research (Olympia, Wash.)

Legal Counsel, Criminal Justice and Corrections Committee (1998)

  • As principal staff legal advisor for the Criminal Justice and Corrections Committee. Provided nonpartisan consultation, advice, research, and legislative drafting.
  • Prepared bills and amendments and bill summaries, analyses, and reports. Testified at committee hearings about legal background and consequences of legislation before the committee.
  • Answered media inquiries and correspondence requiring legal or statutory analysis.

Hargraves, Karb, Wilcox & Galvani, LLP (Framingham, Mass.)

Appeals Associate (1996-2000), Law Clerk (1995-1996)

  • Prepared pleadings in Federal and State courts, including trial and appellate motions, briefs, and memoranda.
  • Cases included individual suits and class actions involving consumer protection issues, mortgage lender liability, civil RICO claims, and other primarily plaintiff-side matters.
  • Briefed and argued before U.S. Court of Appeals for the 1st Circuit a civil racketeering and corruption (RICO) case against former Governor of Rhode Island and others.
  • Prepared petition for writ of certiorari to U.S. Supreme Court involving statutory interpretation issues.

Other Experience

American Bar Association (ABA)–United Nations Development Programme (UNDP) International Legal Resource Center (ILRC)

Legislative Drafting Expert (pro bono)

  • Upon request of UNDP field offices, worked with group of experts to analyze and review proposed legislation from developing nations, including anticorruption legislation for India and Tanzania, tax reform proposal for Jamaica, and innovation legislation for Uzbekistan.

Distance Course on Legislative Drafting for Democratic Social Change, Boston University School of Law

Editor-Instructor (Feb. to May 2001, 2002, 2003, 2004, 2005)

  • Provided instruction, editing, and guidance for distance learning course on problem-solving methodology, policy development, and legislative drafting theory and techniques. Participants were legislators, government officials, regulators, and nongovernmental organizations (NGOs) from developing nations.

Education

Boston University School of Law: Juris Doctor (J.D.), 1996

  • Editor-in-Chief and Projects Editor, Legislative Services Clinical Program
  • Participant, Judicial Internship Program
  • Volunteer, Domestic Violence Clinic
  • Principal trumpet, All-University Orchestra

Boston University, College of Liberal Arts: Bachelor of Arts (B.A.), 1993

in Philosophy, Latin, and Classical Civilization, magna cum laude, with Distinction in Philosophy

  • Phi Beta Kappa
  • Dean’s List
  • Findlay Award in Philosophy
  • College Prize for Excellence in Classical Studies
  • Men’s Varsity Crew Team
  • All-University Orchestra (trumpet)

Publications

  • Syllabus and Curriculum for Diploma Program in Legislative Drafting. Nyanza, Rwanda: Institute of Legal Practice and Development (ILPD), a Rwandan academic institution. (Accredited April 2011.)
  • “Legislative Process in Afghanistan” (flowchart, English and Dari). Kabul, Afg.: ARoLP/USAID (July 2007); Afg. Research and Evaluation Unit (AREU), Research Newsletter, No. 19 (Oct./Nov. 2008), pg. 10 (Eng. ver.).
  • “Current Legal Reform Initiatives in Afghanistan” (coauthor). Almaty, Kazakhstan: American Chamber of Commerce in Kazakhstan, Investor’s Voice, No. 22 (Dec. 2006), pp. 24-26.
  • “Legislative Processes in Other Countries” (Dari title: پروسه قانونگذار ی در کشور هاي دیگر) (translation of speech from seminar, “The Legislative System of Afghanistan and Its Current Challenges,” Sept. 2006). Kabul, Afghanistan: Ministry of Justice: Adalat (Justice) Magazine, vol. 8, No. 44 (Oct. 2006), pp. 28-36.
  • Problem-Solving Methodology and Guidelines for Legislative Solutions to Social Problems (Indonesian title: Penyelesiaian Masalah dan Pedoman-Pedoman Praktis Untuk Solusi-Solusi Legislatif bagi Masalah-Masalah Sosial) (coauthor). Denpasar, Indonesia (May 2003, Indonesian), and Dili, Timor-Leste (June 2005, Portuguese): Univ. of San Francisco School of Law.
  • Compilation of Selected Acts Within the Jurisdiction of the Committee on Energy and Commerce: Consumer Protection Law (preparer). Washington, D.C.: U.S. House of Representatives, Committee on Energy and Commerce (Comm. Print 107-K, 107th Congress, July 2001).

Reported Cases

  • Lares Group II v. Tobin, 47 F. Supp. 2d 223 (D. R.I. 1999), aff’d, 221 F. 3d 41, RICO Bus. Disp. Guide 9922, (1st Cir. 2000) (No. 99-1601).
  • Frillz, Inc. v. Lader, 925 F. Supp. 83 (D. Mass. 1996), aff’d, 104 F. 3d 515 (1st Cir. 1997), reh’g denied, cert. denied sub nom. Frillz, Inc. v. Alvarez, 522 U.S. 813, 118 S. Ct. 59, 139 L.Ed.2d 22, 65 U.S.L.W. 3815, 66 U.S.L.W. 3218, 66 U.S.L.W. 3251, 66 U.S.L.W. 3254 (Oct. 6, 1997) (No. 96-1885).
  • Salois v. Dime Savings Bank of New York, FSB, No. 95-11967-PBS (D. Mass. Nov. 13, 1996) (unpublished), aff’d, 128 F. 3d 20 (1st Cir. 1997).

Information Technology (IT) Skills

  • Expert-level proficiency with Microsoft Office products.
  • Programming in Microsoft Visual Basic (VB) and Visual Basic for Applications (VBA).
  • Web and database design and maintenance in MS Access.

Language Skills

  • American English: Native tongue.
  • French: (3 years formal study.) Basic speaking, fair oral comprehension, good reading proficiency, fair writing.
  • Latin: (4 years formal study.) Good reading proficiency, fair writing.
  • Dari (Afghan Farsi/Persian): Very basic speaking, fair comprehension.
  • Basic familiarity with Portuguese, Tetum (Timor-Leste), and Indonesian (Bahasa Indonesia) languages.