Jails in California Must Allow Face to Face Lawyer Visits with Inmates
One of our most treasured constitutional rights is the right to have a lawyer if you are accused of a crime. Encompassed within this right is the ability to effectively communicate with your attorney, and the right to do so in a private setting. In a recent case, inmates’ rights to communicate effectively and privately with their attorneys were called into question.
How Attorneys and Inmates Meet
Claiming it was done for safety reasons, officials at the Wayne Brown Correctional Facility restricted attorneys from meeting their clients in rooms that don’t have glass partitions except by special request. The reasoning behind this was that the jail population had increased while the staff had been reduced.
Most inmates only had the ability to speak to their attorneys through a phone system, but sound was muffled and unclear. Some attorneys attempted to speak through the glass, but it required them to yell.
The attorneys’ side was equipped with soundproof walls, but the inmates’ side was not. That meant that anyone could hear the inmates as they shouted private information to their attorneys. Inmates demanded that “contact visits” (or face-to-face) meetings be restored.
What Did the Court Decide?
When it comes to attorney jail visits, the courts often defer to jail officials. The courts typically believe that officials at the jail will best know what is safe at their particular facility, and what is within their budgets. However, the cost of protecting constitutional rights cannot justify a blanket denial of inmates’ rights.
Citing the Fourteenth Amendment, the courts have established that jail and prison facilities have an obligation to make sure inmates have meaningful access to the courts, including the right to face-to-face meetings with their attorneys.
The court agreed that there is no constitutional right to “unrestricted contact visits with counsel.” The Sixth Amendment does not guarantee an absolute right to a “‘meaningful relationship’” between an accused and his counsel and physical touch between a lawyer and an inmate is not guaranteed. Contact visits may be restricted if there is a legitimate justification. But, policies and practices that unjustifiably obstruct the right to assistance of counsel are invalid, the court decided. Unjustified restrictions on contact visits implicate due process and are a proper subject of concern for the courts.
Do Inmates Get to Meet with Attorneys Face to Face?
In determining whether jail restrictions on attorney contact visits are reasonable, the relevant factors the court considered were:
- Whether there is a valid, rational connection between the jail restriction and the legitimate governmental interest put forward to justify it;
- Whether there are alternative means of exercising the right;
- How the accommodation of the asserted right will impact guards, other inmates and the allocation of jail resources; and
- Whether the restriction is an exaggerated response to jail concerns
Taking these factors into consideration, the court determined that the restrictions were not appropriate in this instance. The court was careful to state that this is not a blanket decision, and that perhaps different kinds of restrictions may be appropriate as long as there is proper justification.
Call an Experienced Criminal Defense Attorney Today
If your constitutional rights are being denied, you need to speak to an experienced criminal defense attorney at Wallin & Klarich immediately. Our skilled criminal lawyers will fight for your rights and help you navigate the complex legal system. We have been successfully defending our clients facing criminal charges for over 40 years. We can help you now.
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