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The DOJ operates an Access to Justice (ATJ) initiative to increase access to legal resources, including E-Discovery and confidential conversations with attorneys. However, while PERA applauds this focus, practices around the country are haphazard and inconsistent with national and local policy directives. In addition, the main emphasis of the DOJ is on administrative (pre-trial) facilities, which already have a mission focused on enabling legal communication.
The greater challenges occur in the prisons themselves. What the government isn’t considering is the increased need for legal support and communication necessitated by the First Step Act. These individuals require judicial review of compassionate release requests, as well as 2241 challenges due to the various issues associated with FSA federal time credits.
PERA advocates for practical solutions to such problems that can be implemented quickly within the existing policy framework. For example, seamless procedures for unmonitored telephone communication have been carried out by the BOP for decades for witness-security cases (WITSEC). These procedures, which are included in a non-public policy document, could easily be adopted at each facility. We believe the DOJ’s deputy attorney general could require the BOP director to instruct each prison to adopt similar standardized communication procedures and/or issue a formal change notice or operations memorandum to implement this change.
The lack of emphasis on this issue from the top has resulted in misinterpretation of relevant policy and inconsistent procedures. For instance, some people are incorrectly informed that they must prove that there is an imminent court deadline before being allowed a legal telephone call. However, both the policy and Code of Regulations are clear that this restriction is only appropriate when repeated requests are made.
While attorneys frequently voice their frustration with legal communication practices, it is unlikely the central BOP administration understands the importance of the issue and the damage it does to the reputation of the agency.
Dear colleagues,
As many of you know, under the direction of Deputy Attorney General Lisa Monaco, the Office for Access to Justice (ATJ) joined the federal Bureau of Prisons (BOP) to conduct a review of access to counsel in federal pretrial facilities. This review resulted in a publicly released 2023 report with over 30 recommendations to improve access to counsel. Among them was a key recommendation to consolidate significant legal access duties in a single legal access officer position at each BOP pretrial facility to facilitate better communication between facilities and attorneys and identify and propose solutions or innovations to legal-access problems. These roles would create a central institutional point of contact for legal access. Each role is intended, among other things, to assist when issues arise with admitting a legal visitor, provide support for increasing the availability of legal calls or scheduled legal visits, and increase communication when legal access is interrupted by an unexpected event.
ATJ is thrilled to share that BOP is now hiring for these critical legal access officer positions at all 10 BOP pretrial facilities. This announcement is a tremendous step taken by BOP to support robust legal access at pretrial facilities, specifically MDC Los Angeles, MCC San Diego, FDC Honolulu, FDC SeaTac, FDC Houston, FDC Miami, MCC Chicago, MDC Brooklyn, MDC Guaynabo and FDC Philadelphia.
Each of these positions are posted on USAJobs, with a two-week application period, so that we can to hire as quickly as possible. We are requesting your assistance to get the word out about these positions and share the postings extensively with your networks. The positions are an unprecedented opportunity to directly support and strengthen access to counsel in federal pretrial facilities and to foster improved facility-wide processes for legal access.
ATJ appreciates your support in sharing this news to attract a broad and diverse array of people who may be interested in these roles!
Sincerely,
Rachel Rossi
Director, Office for Access to Justice
Have you noticed that when you call a BOP facility, your call is rarely answered? There’s a good reason: Often, the telephone rings in the facility control center or front lobby, which typically is staffed with only two officers who are watching monitors, handing out keys and equipment, opening electronic sallyport doors, listening and answering radio communications, etc. Then there are the five counts conducted during every 24-hour period, with each requiring the better part of an hour to complete. It is a flawed system.
What would fix this bottleneck is a call center in each region, staffed with professionally trained operators who are authorized to disclose public information, obtain permission when confidential information on a prisoner is requested, forward inquiries to appropriate staff members, etc.
It’s a win-win situation: Control room officers, lobby officers and correctional systems staff would appreciate being relieved of the burden of fielding calls so they can focus on their core responsibilities. Family members, lawyers and the general public would be better served with professional responses and better customer service.
PERA staff members understand these challenges, because they have personally observed them from the trenches. The solutions for many of these issues are a win/win for the agency, incarcerated people, their family members, and the broader federal justice community. PERA is committed to identifying solutions and working to assist the DOJ as the primary federal prison stakeholder.