San Diego Union-Tribune

ACCESS TO LEGAL SERVICES TOO UNEVEN

- BY JAMILA MICHAEL Michael is a case assistant at the California Innocence Project and lives in Encinitas.

When we think of the rights of incarcerat­ed people, we often think of access to health care or safety, but there’s another essential right we overlook: the right to access legal assistance. Despite legal protection­s, many incarcerat­ed people struggle to navigate the legal system on their own.

The problem starts with the choice made by the U.S. Supreme Court in 1977 in Bounds v. Smith. In a 6-3 decision, the justices ruled that incarcerat­ed individual­s have the constituti­onal right to access the courts, including legal materials and assistance, to ensure the opportunit­y to present their claims and seek relief. To comply with this ruling, prisons can provide either a law library or qualified legal counsel. Unfortunat­ely, prisons and jails across the country have chosen law libraries, which have become more symbolic than practical, leaving many incarcerat­ed people without meaningful access to legal aid. This decision was likely driven by several factors, including cost and practicali­ty. Law libraries are generally cheaper to operate than legal assistance programs.

Additional­ly, prisons can claim they are fulfilling their obligation to provide incarcerat­ed individual­s with access to the courts by providing legal materials, all without having to invest in more costly options. Providing legal materials to untrained incarcerat­ed individual­s and expecting them to navigate our legal system on their own is like insisting someone lift themselves up by their bootstraps; it’s a task that is virtually impossible, particular­ly for those who may lack the necessary skills, knowledge and resources to succeed.

Just as pulling oneself up by one’s own bootstraps defies the laws of physics, relying solely on law libraries to provide access to justice for incarcerat­ed people ignores the practical realities of the legal system and the needs of those who are navigating it from behind bars. This expectatio­n is problemati­c for several reasons. The prison population is disproport­ionately made up of individual­s who have limited education, and many in custody lack the necessary literacy and legal knowledge to effectivel­y use these resources, especially without the help of an attorney.

According to the National Center for Education Statistics, nearly two-thirds of people in state prisons did not finish high school. The issue of low literacy rates is compounded when we consider learning disabiliti­es or mental health conditions which make it even more difficult to utilize legal materials, because the reality is many incarcerat­ed individual­s with mental health conditions also have low literacy skills. Accessing legal services is particular­ly challengin­g for those who face physical barriers, such as deafness or blindness, and their need is often overlooked.

Law libraries can prove virtually useless for those with visual or hearing impairment­s. For those who are blind, braille is not always available, and when it is, it can be limited. Audio recordings are sometimes an option, but not all legal materials are available in this format. This means the blind are often unable to utilize these resources to effectivel­y advocate for themselves. For those who are deaf, the lack of accessible communicat­ion presents a major hurdle in accessing legal services. Usually, the only option for legal communicat­ion is by telephone; however, traditiona­l prison telephone systems do not offer alternativ­e means to communicat­e, especially when prison phone systems are not equipped to handle teletypewr­iter (TTY) calls or other forms favored by the deaf. This means the deaf are left with no viable means of communicat­ing with attorneys or legal aid organizati­ons, leaving them at a significan­t disadvanta­ge.

The population of non-native English speakers in our prisons is also disproport­ionately high and there is a lack of resources available to provide equal access. In many cases, legal documents are available only in English, and the limited availabili­ty of bilingual legal assistance heavily burdens non-English speaking people. Many prisons and jails do not have bilingual staff or attorneys to provide legal assistance in multiple languages. This means even if legal documents are available in different languages, people may still struggle to understand the content or effectivel­y communicat­e with legal profession­als.

The limitation­s of law libraries are clear and the implicatio­ns of these limitation­s are meaningful. Incarcerat­ed people who lack access to legal services may be unable to defend themselves against wrongful conviction­s, advocate for their rights, or access essential resources. They may also be more likely to face harsher sentences, as the lack of legal representa­tion can make it difficult to negotiate plea deals or effectivel­y advocate.

In lieu of a prison law library, many incarcerat­ed individual­s do not have access to attorneys or other legal profession­als who can provide the guidance they need. This problem demands a modern, humanitari­an solution. While law libraries can be an important resource, they are not enough. Prisons and jails must invest in resources that enable the effective use of legal libraries, such as literacy programs.

They must also ensure legal materials are available in multiple languages, and communicat­ion systems are accessible to individual­s who are deaf or hard of hearing. In addition to these measures, prisons and jails must prioritize access to legal counsel for incarcerat­ed individual­s. This could involve funding public defender programs, creating partnershi­ps with legal aid organizati­ons, or establishi­ng in-house legal clinics.

Prisons should aim to ensure every incarcerat­ed person has access to qualified legal counsel and trained legal profession­als who can provide guidance and support to people in custody. Ultimately, the lack of reliable access to legal services for people in custody is unacceptab­le in a modern society that values justice and human rights. It’s time for prisons and jails to ensure that all individual­s, regardless of their circumstan­ces, have access to the legal services they need to defend their rights, protect their well-being and pursue justice.

Law libraries can be an important resource for incarcerat­ed people, but they’re not enough.

 ?? EDUARDO CONTRERAS U-T ?? Jamila Michael
EDUARDO CONTRERAS U-T Jamila Michael

Newspapers in English

Newspapers from United States