NCJ Number
49458
Journal
Criminal Law Bulletin Volume: 14 Issue: 4 Dated: (JULY/AUGUST 1978) Pages: 347-351
Date Published
1978
Length
5 pages
Annotation
THE DECISION (BOUNDS V. SMITH ) BY WHICH THE U.S. SUPREME COURT ORDERED STATES TO ENSURE PRISONERS ADEQUATE ACCESS TO THE COURTS IS SUMMARIZED; PROBLEMS ENCOUNTERED BY NEW YORK IN TRYING TO COMPLY WITH THE DECISION ARE DISCUSSED.
Abstract
IN THE BOUNDS CASE A NORTH CAROLINA PRISONER ALLEGED THAT THE STATE, BY FAILING TO PROVIDE ADEQUATE LAW LIBRARY FACILITIES, WAS DENYING PRISONERS ADEQUATE ACCESS TO THE COURTS. IN ITS OPINION THE SUPREME COURT SAID LAW LIBRARIES WERE ONLY ONE MEANS OF ACCESS AND RULED THAT STATES HAVE THE OBLIGATION TO ENSURE PRISONERS' ACCESS TO COURTS. IMAGINATIVE SOLUTIONS WERE RECOMMENDED, INCLUDING PARALEGAL PROGRAMS, STUDENT LAW INTERNS, AND VOLUNTEERS FROM BAR ASSOCIATIONS. BEFORE THE BOUNDS CASE, NEW YORK HAD ONLY A HANDFUL OF LOCAL PROGRAMS TO MEET PRISONER NEEDS. IN 1975 THE NEW YORK STATE COMMISSION OF CORRECTIONS WAS REORGANIZED AND EMPOWERED TO ACT AS THE STATE'S MONITOR OF PRISONS AND JAILS. THE NEW YORK STATE BAR ASSOCIATION BEGAN A COMPREHENSIVE, STATEWIDE LEGAL AID PROGRAM FOR INMATES. THE PROGRAM WAS DESIGNED TO OFFER FREE LEGAL ASSISTANCE TO INDIGENT PRISONERS IN THREE MAJOR AREAS: (1) CIVIL MATTERS, SUCH AS MATRIMONIAL AND DEPORTATION CASES; (2) CRIMINAL CONVICTIONS OR SENTENCES AND PAROLE ISSUES; AND (3) PRISON PROBLEMS, INCLUDING CONDITIONS OF CONFINEMENT, DISCIPLINARY PROCEDURES, AND MEDICAL CARE. WITH STAFF FOR 6 FIELD OFFICES, THERE WAS ABOUT 1 LAWYER PER 540 PRISONERS, LESS THAN THE 1 PER 400 PRISONERS RECOMMENDED BY THE AMERICAN BAR ASSOCIATION, BUT THE LARGEST PRISONERS' RIGHTS PROJECT IN THE U.S. NONETHELESS. BY THE END OF THE FIRST 18 MONTHS, THE PROGRAM HAD RESPONDED TO 9,000 REQUESTS AND HAD LITIGATED OVER 500 CASES. THE PROGRAM WAS CONSIDERED TOO ACTIVE IN PRESENTING CASES CHARGING VIOLATIONS OF PRISONERS' RIGHTS, SINCE PROGRAM ACTIVITIES INCLUDED 12 CLASS ACTION SUITS. OPPOSITION TO THE PROGRAM HAS FORCED SEVERAL BUDGET CUTBACKS. THE FIRST PROJECT TO BE DROPPED WAS THAT OF ADVOCATES FOR PRISONERS' RIGHTS. SOME CORRECTIONS OFFICIALS HAVE LOBBIED FOR ABANDONMENT OF THE PROGRAM ALTOGETHER. THE FEDERAL GOVERNMENT IS CONSIDERING FUNDING A PRISONERS' RIGHTS PROGRAM. SUCH A PROGRAM IS STRONGLY SUPPORTED BY PRISONERS' RIGHTS GROUPS AND STRONGLY OPPOSED BY THE NATIONAL ASSOCIATION OF ATTORNEYS GENERAL. MANY NEUTRAL OBSERVERS WONDER HOW EFFECTIVE A DISTANT FEDERAL PROGRAM WILL BE. (GLR)