# Respondents Brief — Bounds v. Smith

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Respondents Brief
- **Published:** January 1, 1977
- **Citation:** 430 U.S. 817

## Text

Supreme Court, U. 5,
FILED

| | :
|

| MICHAEL RODAK IR free
IN THE =

Supreme Court of the Anited States

OCTOBER TERM, 1976

No. 75-915

VERNON LEE BOUNDS, et al.,
Petitioners,

ROBERT (BOBBY) SMITH, et al.,
Respondents.

ON WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FOURTH CIRCUIT

BRIEF FOR RESPONDENTS

BARRY NAKELL
School of Law
University of North Carolina
Chapel Hill, North Carolina 27514

Court-appointed Attorney for
Respondents

Washington, 0.C. ¢ CLS PUBLISHERS « LAW PRINTING CO. « (202) 393-0625

(i)
TABLE OF CONTENTS

CRED Ge RGIMNUOED oc cece sccscteceevccecs
SUMMARY OF ARGUMENT .............-.ceeeeee

ARGUMENT:
NORTH CAROLINA IS IN VIOLATION OF
ITS CONSTITUTIONAL OBLIGATION TO
PROTECT ITS PRISONERS’ RIGHT TO
MEANINGFUL ACCESS TO THE COURTS
BECAUSE IT HAS FAILED TO PROVIDE
THEM LAW BOOKS OR A REASONABLE

a a er oo 3
ERR REC agree cere ee 3

A. The North Carolina Department of
Correction and its Prisoners ..........5405.

B. The Right of Access to the Courts ........... 7

Il. THIS COURT’S DECISION IN YOUNGER
V. GILMORE REQUIRES THAT NORTH
CAROLINA PROVIDE ITS PRISONERS
ADEQUATE LAW BOOKS OR A REASON.
GENE GREENE ccc ccc wetsccecccess

A. The Holding in Younger v. Gilmore ..........

B. Younger v. Gilmore Deserves to be
EE PEPE nc cedccesecesees

III. NORTH CAROLINA DOES NOT PROVIDE
ITS PRISONERS LAW BOOKS OR A
REASONABLE ALTERNATIVE ..............

IV. NORTH CAROLINA HAS OFFERED NO
SATISFACTORY JUSTIFICATION FOR
ITS FAILURE TO COMPLY WITH
YOUNGER V. GILMORE BY PROVIDING
ITS PRISONERS ADEQUATE LAW BOOKS
OR A REASONABLE ALTERNATIVE ..........

(ii)
V. THIS COURT IN YOUNGER V. GILMORE Page
AND THE LOWER COURTS IN THIS
CASE ACCORDED PROPER REGARD TO

THE EXPERTISE AND DISCRETIONARY

AUTHORITY OF CORRECTIONAL OF- )
Pe +0: 6-666440048 Peambdbentuce es. ces 41

VI. ALTHOUGH A LEGAL SERVICES PRO.
GRAM WOULD MORE ADEQUATELY
PROTECT ITS PRISONERS’ CONSTITU-
TIONAL RIGHT TO MEANINGFUL AC.
CESS TO THE COURTS, NORTH CARO.
LINA IS REQUIRED, AT A MINIMUM, TO
PROVIDE LAW BOOKS FOR ITS PRIS-
WN 5466 64040 cna eee CUCL TEE CETRETe 52

CONCLUSION

EXHIBIT A - 1974 LEAA GRANT APPLICATION
PREPARED BY THE NORTH CAROLINA

DEPARTMENT OF CORRECTION ............... la
EXHIBIT B - YOUNGER V. GILMORE COMPLI-

ANCE RECORD IN THE STATES, THE

DISTRICT OF COLUMBIA AND THE FED-

BRAL GOVERNMENT 2. occ ccc ccc ccc cccee lb

TABLE OF AUTHORITIES

Cases:
Adams v. Carlson, 488 F.2d 619 (7th Cir. 1973) ........ 9,21
Aikens v. Lash, 371 F. Supp. 482 (N.D. Ind. 1974) ....... 9b
Andrade v. Hauck, 452 F.2d 1071 (Sth Cir. 1971) ....... 7,8
Argersinger v. Hamlin, 407 U.S. 25 (1972) ......... 29,34,35
Banner v. Coughlin, 517 F.2d 1311 (7th Cir. a 8
Battle v. Anderson, 376 F. Supp. 402 (E.D. Okla.

1974), subsequent order, No. 72-95-Civ (E.D.

Okla. July 16, 1975) ................. 6,7,22,59,21b
Black v. Brown, 513 F.2d 652 (7th Cir. an theeesce 21,8b
Boddie v. Connecticut, 401 U.S. 371 (1971) ....... 8,9,34,53

a ee Oe TG —

(iii)
Page
Brown v. Pitchess, 13 Cal. 3d 518, 119 Cal. Rptr.

204, 531 P.2d 772 (1975) 2. cece eee were eens 4b
Bryan v. Werner, 516 F.2d 233 (3d Cir. 1975) 21,32,54,21b,22b
Burns v. Ohio, 360 U.S. 252 (1959)... eee eee ee ee ee ee 34
Chaffin v. Stynchcombe, 412 U.S. 17 (1973) .......--+--- 15
Cochran v. Kansas, 316 U.S. 255 (1942) .........-.. 7,8,17
Collins v. Haga, 373 F. Supp. 923 (W.D. Va. 1974) .... 55,25b
Collins v. Schoonfield, 344 F. Supp. 257 (D. Md. i

SE cw haben ss cose rece Cesc seveee esi esses
Cross v. Powers, 328 F. Supp. 899 (W.D. Wis. 1971) . .19,54,28b
Cruz v. Be*o, 405 U.S. 319 (1972) .......---. 6,7,14,15,16
Cruz v. Hauck, 404 U.S. 59 (1971), on remand, 345

F. Supp. 189 (W.D. Tex. 1972), rev'd 475 F.2d

475 (Sth Cir. 1973), subsequent decision, 515

F.2d 322 (Sth Cir. 1975) .....- eee eeeeee 6,7,15,21,54
DeWitt v. Pail, 366 F.2d 682 (9th Cir. 1966) .........-.-. 8
Douglas v. California, 372 U.S. 353 (1963) .......-.-- 29,34
East Carroll Parish School Board v. Marshall, 96 S. a

eS |. Serer cere eee
Edelman v. Jordan, 415 U.S. 651 (1974) ........--005: 15
Ex Parte Hull, 312 U.S. 546 (1941)... ...- eee eee 7,16,31
Farrington v. North Carolina, 391 F. Supp. 714

(M.D. N.C. 1975)... eee ee eee reece eens 22,58
Foggy v. State ex rel. Eyman, 107 Ariz. 532, 490 a

P20 4 (IDTI) onc cccccccccccevervvcccccseees
Gaglie v. Ulibarri, 507 F.2d 721 (9th Cir. 1974) ...... 22,23
Gardner v. California, 393 U.S. 367 (1969) ......-...--. 34
Gates v. Collier, 501 F.2d 1291 (Sth Cir. 1974) ...... 35,38

Gideon v. Wainwright, 372 U.S. 335 (1963) .......---+> 29
Goldfarb v. Virginia State Bar, 421 U.S. 773 (1975)......-- 57

Goldsby v. Carnes, 365 F. Supp. 395 (W.D. Mo. m7
UEP oe ccces sconsvceen beeen tere eee eens

(iv)
Page
Griffin v. Illinois, 351 U.S. 12 (1956) ............... 34
Hampton v. Schauer, 361 F. Supp. 641 (D. Colo.

RTT LTTE eee re er oer eee 4b
Hamrick v. Raines, 376 F. Supp. 1273 (D. Kan.

PTE ee ee ee ere eee 6
Hatfield v. Bailleaux, 290 F.2d 632 (9th Cir. 1961) ......., 22
Hicks v. Miranda, 422 U.S. 332 (1975) .............8, 15
Hooks v. Wainwright, 352 F. Supp. 163 (M.D. Fla.)

on remand from 457 F.2d 502 (Sth Cir. 1973),

still pending as Nos. 71-1011-Civ-J-S, 71-144-

8. Oe errr Tir eerT passim
Houghton v. Shafer, 392 U.S. 639 (1968) ..... “eae deo 17
Imbler v. Pachtman, 96 S. Ct. 984 (1976) ............, 15
In re Harrell, 87 Cal. Rptr. 504, 470 P.2d 640

Cy sss siete neds 40endeleseweus Serre 10
Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968) ........ 34
James v. Strange, 407 U.S. 128 (1972) ............05. 34
Jarvis v. North Carolina, No. 73-2094 (4th Cir.

1974) (unpublished memorandum decision) .... . 21,32,33
Johnson v. Anderson, 370 F. Supp. 1373 (D. Del.

PET CCT TET ere eee eT Tee TT 7,54,6b
Johnson v. Avery, 393 U.S. 483 (1969) ............ passim
Kersh v. Bounds, 501 F.2d 585 (4th Cir. 1974) .......... 4
Kirby v. Ciccone, 491 F.2d 1310 (8th Cir. 1974) ...... 21,54
Knell v. Bensinger, 522 F.2d 720 (7th Cir. 1975),

after prior decision at 489 F.2d 1014 (7th Cir.

Te eT Ce ee TS ere Te 11,21
Long v. District Court, 385 U.S. 192 (1966) ............ 34
Massachusetts Board of Retirement v. Murgia, 44

Ss Se UW EE SC ccvceddnceBiacedueces 15

McCarthy v. Philadelphia Civil Service Commission,
96 S. Ct. 1154 (1976)

(v)

Page
McCarty v. Woodson, 465 F.2d 822 (10th Cir.

See” SSGNSG S66 Ch cee chOS Edd dwda bcos ance 6
McDonnell v. Wolff, 342 F. Supp. 616 (D. Neb.

BUND - i cdbwols deb Vb bves Ub ichecawdewd 23,50,18b
Mead v. Parker, 464 F.2d 1108 (9th Cir. 1972) .......... 22
Meltzer v. G. Buck LeCraw & Co., 402 U.S. 954

000) ) 9
Montanye v. Haymes, 44 U.S.L. Week 5051 (1976) ...... 19b
Morales. v. Schmidt, 489 F.2d 1335 (7th Cir. 1973),

on rehearing en banc, 494 F.2d 85 (7th Cir.

Ee . 6 bab eed bbs BREE Ore F450 ROR O Chose eens 14
Nickl v. Schmidt, 351 F. Supp. 385 (W.D. Wis.

SDS ecatk none ons ai tt inineen teh tan > oes 26b
Nolan v. Scafati, 430 F.2d 548 (Ist Cir. 1970) ........ 9,19
Noorlander v. Ciccone, 489 F.2d 642 (8th Cir.

SOU Pr ie Be ere 45¢

Krantz, Bell, Brant and Magruder, Model Rules and
Regulations on Prisoners’ Rights and Responsi-

Ee en ee 28,15b
Krantz, The Law of Corrections and Prisoners’

PG re a ae 45
Krantz, The Law of Corrections and Prisoners’

Rights in a Nutshell (West 1976) ..........000000: 45

’ LaFave and Scott, Criminal Law (West 1972) ........... 44

LeDonne, Survey of Library and Information
Problems in Correctional Institutions (HEW
Office of Education (1974) (four volumes) ....... passim

Lloyd, Finding the Law (Oceana 1974) ...........005. 46

(ix)
Page
Loewy, Criminal Law in a Nutshell (West 1975) ......... 45
Miller, Dawson, Dix and Parnas, Criminal Justice
Administration (Foundation 2d ed. 1976) ........... 45
Miller, Dawson, Dix and Parnas, Sentencing and the
Correctional Process (Foundation 2d ed. 1976) ....... 45

National Advisory Commission on Criminal Justice
Standards and Goals, Report on Corrections
SEWED. 60066 dave pudueun OW CNKEeM eed se wees 26

North Carolina Department of Correction, State
Correctional Statistical Abstract (March, 1976) .... 3,4,51

Orland, Justice, Punishment, Treatment (Free Press

SPD «hb dds Gehoews cdnhecedecdashesscvceye 45
Palmer, Constitutional Rights of Prisoners (An-

Ge ee re 44
Pollack, Fundamentals of Legal Research (Founda

ro 46

President’s Commission on Law Enforcement and
the Administration of Justice, Task Force

ES re 26
Price and Bittner, Effective Legal Research (Little,
nn cu is dui Sos Gibb g00 0409 0.6 46

Prison Law Collective, Jailhouse Lawyer’s Manual:
How to Bring a Federal Suit Against Abuses in
SE Steck oa cece bses bace eee es ib edves 47

Prison Law Project and Barristers Club of San
Francisco, A Manual on Habeas Corpus for Jail

et Re EEE on cb ad wa O wb de ahve cee 46
Rubin, The Law of Criminal Correction (student

i ee ee ko nee 6 66 6 45
Rudovsky, Rights of Prisoners: The Basic ACLU

Guide to a Prisoner’s Rights (Discuss 1973) .......... 47
I 'OGi6 dinintn 6 Nie eieed Bisic 0 c.coe cee 59
Singer and Statsky, Rights of The Imprisoned

PN 00 0 2455066466664 045 Ke cece'’s 45

(x)

Page
Sokol, Federal Habeas Corpus (Michie 2d ed. 1969)....... 44
Statsky, Introduction to Paralegalism (West 1974) ...... 44,46
Statsky, Legal Research, Writing and Analysis: Some
Starting Points (West 1974) .......... oteaneuteae 46
Strong, North Carolina Index (Lawyers Co-op. 2d
ee | ee a 44
Toal, The Emerging Rights of the Confined (South
Carolina Department of Corrections 1972) .........-. 47
Toal, Recent Developments in Correctional Case
Law (South Carolina Department of Corrections
tt) er en 7,8,47
Vorenberg, Criminal Law and Procedure (West
tt) a re 45
Weinreb, Criminal Law (Foundation 2d ed. 1975) ........ 45
Weinreb, Criminal Process (Foundation 2d ed. 1974)....... 45
Werner, Manual for Prison Law Librarians (Fred B.
Rothman & Co. 1976) ...ciccdscdauuebussewees 25
West Publishing Co., How to Find the Law (West
Gth of. 1965) 2. co ccccsnchgeesneeee ee 46
West Publishing Co., Modern Federal Practice Digest
(several WORREE) onc ccc cctcceseunseeseaueenee 59

Law Review Articles:
ABA Resource Center on Correctional Law and
Legal Services, “Providing Legal Services to
Prisoners,” 8 Ga. L. Rev. 363 (1974) ........... passim

Bluth, “Legal Services for Inmates: Coopting the
Jailhouse Lawyer,” 1 Capital U.L. Rev. 59

(19TZ) .cccccvesses04een eee 24-25,50,56,20b
Burger, “Our Options Are Limited,” 18 Vil. L. Rev.
16S (197Z) . .cccccccenssnteeaeeenees eens 30

Burger, “Post-Conviction Remedies: Eliminating
State-Federal Frictions,” 61 J. Crim. L., C and
PS. 148 (ISTH) 2... ccccccatveudsveeeeueeneues 51

(xi)

Cardarelli and Finkelstein, “Correctional Adminis-
trators Assess the Adequacy and Impact of
Prison Legal Services Programs in the United
States,“ 65 J. Crim. L. and Criminology 91
PEP eeh ia ce bsacegseeeresacesececs 25

Carlson, “Corrections in the United States Today: A
Balance Has Been Struck,” 13 Am. Crim. L.
iT Mee oh se cee keke se 6s 60.6.0'a0000 00 25

Dickey and Remington, “Legal Assistance for
Institutionalized Persons—An Overlooked Need,”
So. Ill. L. J. (1976) (forthcoming) ............... 28b

Jacob and Sharma, “Justice After Trial: Prisoners’
Need for Legal Services in the Criminal-
Correctional Process,” 18 Kan. L. Rev. 493
DP P EP PUe eee den ea eeeeecccbecocece passim
Kimball, “Correctional Internships — A Wisconsin
Experiment in Education for Professional Re-
sponsibility,” 18 J. Leg. Ed. 86 (1965) ............ 28b

Linde, “Let’s Disbar the Jail House Lawyer,”
Proceedings of the Am. Correctional Assoc. 124

eee e eek eed Oe ee be Whe ses 6% clececs 47
Metzger, “Legal Clinics: Getting Into the Routine,”

Ce eee eb ed edccvevcenues 57
Meyer, “The Defender Project,” The KU Laws 5

CT SECS SiA 0s Base ccceccrceccceces 23,10b
Norman, “Civil Legal Services to Prison Inmates,”

COED 0.2. 6a a6 6 toe cee 23,56,57,6b
Spector, “A Prison Librarian Looks at Writ-Writing,

SR ED Se eb cehbccscccscees 51

Stewart, “The Indigent Defendant and the Supreme
Court of the United States,” 58 Legal Aid
i Ceri. Ces ese Geee we ces eceecees 17

Walsh, “Jailhouse Lawyers: The Texas Department
of Corrections Revokes Their License,” 1
SE ei, I RP MRED cc Weweeccagcecs 25,57,24b

~

(xii)

Wedlock, “The Emerging Rights of the Confined:
Access to the Courts and Counsel,” 25 So. Car.
E. Se, Ge Ge nls ows Ge dk ee eee bia co kb be

Werner, “The Present Legal Status and Condition of
Prison Law Libraries,” 66 Law Lib. J. 259
CHU 006s eens te sede tices is oes

Wexler, “The Jailhouse Lawyer as a Paraprofes-
sional: Problems and Prospects,” 7 Crim. L.

8 er ee 50,57

Wilson, “Legal Assistance Project at Leavenworth,”
24 Legal Aid Brief Case 254 (1966) ....... 23,56,57,1

Ziegler and Herman, “The Invisible Litigant: An
Inside View of Pro Se Actions in the Federal

Ob

Courts,” 47 N.Y.U. L. Rev. 157 (1972) .......... 20,49
Comment, 1060 Wee. E. TO. SPO ncn cccctecccerecns 28b
Bete, 1068 Date b. DB BOD ccccccccsocvescsttddwes 51
Note, 23 So. Car. L. Rev. 294 (1971) .........22e eee. 57
Baste, BOGP Ws Be Gs BOO ccc cc cco ntibocdeosises 28b
Statutes:

Arizona Rules of Criminal Procedure, Rule 32.5 (b)......, 3b
Federal Rules of Civil Procedure, Rule 52(a) ..........., 33
Hawaii Revised Statutes §§802-1, 802-3 (1975
\PPVTTTITTTT Tiree Tr 8b
lowa Code Annotated §663A.5 (1976 Pocket Part) ...... 10b
North Carolina General Statutes:
SED CUPPED cotccvccessccncescevoans 4
DISSE Tee re GUD we cc ce dc cede edie ct nHeete 4
* BEDE GND | 6b bc ce ceed cet eeresns Cote cnee 5

BOS-OP TE Gir GUD co ccccccecconseceveseds 5

BERGEN 6.0.00 0806e0 we eweanne et on 65 ea 5

ee ere rer Te ee 5

RE PT ee 57

(xiii)
Page
See avin RAGAN c.bive Ketone 0006 cies 39
§105-163.25 to 105-163.30 (1972) .........2 ees 39
EEE: 5 cn evesaneneecacecces 39
EIS og osc bo pb bbe US Ue Stbine KES 3
PE PEED 'o'b'sb-0 sd dctedéctes 690 wen 6
a ana tne e men te ded sank 6
OUI ccs wens bn cbbeew ss eeeece 5
‘
0 Box 27657 % Proveet Narrative Dewrieren RELATIVE PROJECT PRIORITY

‘iergh, North Carolina 276i]

12 Provect S-astatwe Ce aription TIE PEC3LEM
Begin beiow and aud 45 many -onunuai e.

Bevin beiow and acd a5 Many cOontimauaLON pages a 5 - INVINON Pages as Necessary
necesary ° |

~—

16. The judicially-mandated requirement that the Office of Correction develop/implerent

a planned mechanism for providing inmates with access to and assistance with legal problems
1S. Federal courts have become increasingly concerned that persons committed to correctional Is one of the ake + aati ag ee facing this agency, and, consequently, a major pri-
systems have access to the courts. In Jonnson v. Avery, tne United States Supreme Court held ority among applications for LEAA funds.
that where prison systems did not offer an alternative, prison writ writers have a rignt tc
exist and that che orisen department could rot prohibit their assisting other prisoners in
petitioning the courts. Pelying on this decision, a California District Court ordered the
California Department of Correction to provide certain specified legal materials to inmates.
This decision was affirmed by the United States Suoreme Court in a Per Curiam decision
Youncer v. Gilmore. Since these decisions, other Federal courts have placed similar require-

ments on other correcticn systems throughout the country. In Morgan et. al. v. R. L. Turner, ; t
(Civil Action Number 4277) and Robert Smith, et. a!. v- Vernon tre Bounds, Commissioner, F N.C. Department of Natural and Economic Resources - SUBGRANT APPLICATION —
State Decoartment of Correction, et. ai. (Civii Action Nummer 3052) the United States District Division of Law and Order
tourt for the Easterr District of North Carolina, Raleigh Division, approved a proposal for P.O. Box 27687 — ae
17. Project Narrauve Descnption GOAL STATEMENT AND

providing legal materials to inmates which it had ordered the North Carolina Department of Raleigh. North Carolina 27611
MEASURABLE OBJECTIVES

Correction to prepare.

Beem below and add as many conunuanon pages as necessauy

The Department of Correction is clearly responsible for providing this service to inmates.
Other acencies may be aware to some extent of the problem. These agencies, including the

state anc iccal Bar Association, often desire to assist. Fowever, the brunt of providing , Th 1 of thi .
. * = . goa r - j i
legal services falls on the Deoartment of Correction, and it is the Cepartment of Correction 4 po of this project Is to place legal materials within the access of every inmate
: : he . , within the North Carolina Correctional System. . This project will enable eacn inmate to
which must respond to the courts in the event that reauired legal services are not mace lal . 2
: : , oat , € obtain those materials recessary for him to determine whetner there has been an errer in
available. At the sare tire, the providing cf legal services musc be uncer the contro! c! i , i , :
. . : : “~ the proceeding in which he was convicted and whether his Feceral and state rights have
the Department of Correction in order that this Department can insure that such services , .
are offered to al! inmates been violated while confined within the North Carolina Correctional System.

By providing the inmate with proper legal forms and directions for filing his court petition,
the quality of petitions submitted will improve and the number of frivolous and groundless
petitions will diminish. The Department of Correction intends that the inmate shal! not
cnly have access to the court, he shall have meaningful and effective access to the court.
As noted, the ultimate result of this program shoula be a diminution in the number of
Groundless petiticns and complaints filed in the state and Federal courts. The inmate himr-
self will be able to determine to a greater extent whether or not his rignts have been vic-
late¢d, ard when he submits a petition to the courts which has on its face some merit, ce
court will be able to appoint counsel in chose cases requiring it.
The cbjective will be implemented in the following manner: (a) Law materials wil! be or-
dered from the publisher; (b) ‘ Library areas will be prepared within designated unics;

—>(c) Lega! forms will be designed for use by the inmate population; (d) Clerks will be

_> trained In law library procedures; (e) Libraries will be open for inmate use; (f) Weekly
inventories will be taken; (g) Reptocenent_volunes will be orcerga monthly.

—_

° The performance odjectives are as follows: (1) To establish 7 libraries at desianared uit
and institutions; (2) To establish S$ core libraries at other units and institutions;
(3) To reduce the number of frivolous civil rights petitions by fifty percent; (4) To
reduce the number of rejected habeas corpus petitions; (5) To increase the quality of al)
inmate petitions suomitted. f

Sa

‘y ©. Devertment of Naturai and Econemic fesources | SUBGRANT APPLICATION Page § 18. (Continued)

Division of Law and Order '

P.O. Box 27537 system. By the use of a Xerox machine it wil! be necessary onty for the Inmate tc
13) Penect Murauve Descmpion. METHODS & PROCED! RES y ‘

. Raleigh. North Caroiina 27511 identify what he needs and that carticular item can then be sert to him. It would not

_—_—-—- &@ ~~ 2 os

Bemn >tiuw ana add as many continustion Paets a5 Nece wary

The goai of providing legal assistance to inmates in the North Carolina Correctional
System will be acccrolisnhed by placing legal macerials within access of every inmate in
the system. The project will crogress in the following manner: (a) Lega! material to

te used in the libraries will be selected by the Project Cirector;: (b) The Project O!rec-
ter will designate cre sites of the libraries, and the core libraries. He shall do so in
consultation with the Director of Prisons and his delecated agents; (c) The legal mater-
lals will be ordered from the publishers; (4) Unit staff will be instructed in the overali
supervision of the library; fe) Uniform rules and regulations for access to the library
will be drawn up by the Division of Prisons staff and submitted to the 1 Rate

for approval; (f) Inmate assistants will be trained by the Project Director 6 aed

designated person in the fundamentals of the use of the library. They will be instructed
as to their duties; (g) Library space will be prepared in the desianated units and in-
stitutions; (h) Library materials will be distributed to the designated libraries upon
receipt; (I!) Libraries will be open for inmate use.

The Project Oirector will be responsible for selecting the legal materials to be included
in the libraries and approving the designated locations of the libraries. He will also be
responsible for approving the rules and regulations concerning access to the library. He
will secure the training for those inmates designated to assist in the libraries and will
Supervise unit personnel in their supervisory responsibilities. He will monitor the pro-
ject at all times and assist in the preparation of legal forms. He will assume resconsi-
bility for insuring that the leoal materials are distributed to the proper units and that
replacement volures will be ordered. Unit Superintendents or their designated agents wil!
exercise supervisory responsibility for the day to day operations of the libraries. This
will include the responsibility of insuring that the inmates authorized to work In the li-
traries are performing their auties properly, and, if not, removing them from their library
positions. Inmate assistants will operate the libraries on a day to day basis. They will
be trained In shelving materials, and being able to identify material. They will also be
taught how to update reference materials with pocket parts, Icose leafs, enclosures, etc.
They will be responsible fer the security of materials and for insuring that legal mater-
ials ce mot leave the library.

An initial inventery will be made of the contents of al] materials. No inmete except
inmate assistants will be able to remove library materials from the shelf. inmates will
be permitted to enter the library, ard request publications desired. A leg will be kept
of inmates entering the library and of materials given to the inmates. The inmate assis-
tart will personally write down the materials Siven to a library user and wilt check off
the materials when they are returned to the library shelf. At the end of the day, all
velumes will be accounted for. There will be a monthly inventory of the conditions of
all volumes in order to determine when a volume needs to be replaced. Additionally,
Inmate assistants will te required te make at least 2 cursory Inspection of a volume's
concition upon its receipt by the inmates and upon its return from the inmate user: Any :
Inmate abusing litrary materials will be denied privileges. Typewriters ca which inmate
petitions can be prepared will be required. A Xerox machine wit e ul n one
library im order that materials can be made accessible to persons throughout the

hen to send the entire volume anc therefore would serve both tc k2aep the
we Prac snanc! Bw at all times and to minimize the chance of its oe ee Ba ong
partment would like to contract for the training cf the librarian and of the —— i
assistants. This will be accomplished through one of the law mm o ° _ a
lishing companies. At least 2! inmates should be trained. A _score of 70s _ = se
skills test will qualify the inmate as a library assistant. ‘ris —— P ~ es
additional benefit of giving the inmates a skill which would be usesle upon re ae. -
The location of these libraries wil) be within rooms within the ee e +e
library will be housed in a large room in one of the institutions at . eigh. a a.
contain adequate shelf space and lighting so that it will be suitacle ms work.
A smeller roem will be required for the major libraries but with the ys vr ame.
The units having only core libraries will require only a small amount of she er .
a small area in which the inmate can work. The core libraries will not need _ ally
trained inmate assistant. However, the Unit Superintendent me / find it = Ag =
an inmate in this capacity. The major problem foreseeable with the librar gm : e : 2
Insure the security of the volumes. it is discussed above that security can est be main
tained by frequent and thorough inventory and @ check-in/check-out system.

nq will be required for the librarian 27d inmate assistants in the use anc
oe lage groom} nthe Bong This training should include instructions oo a
materials and replacing outdated volumes. it should also include instructions -_ : -
basics of legal research. This will be accomplished by the use of ® ——~¥ wr . ou
side acency. The agency would be one of the law schools or one of the ega io ishing
companies. The physical facilities are now available to house these materials.

Inmate assistants will be selected on the basis of intelligence, conduct, literacy. and
general clerical abilities. The method for training will be cevised by the contracting —
agency and approved by this Department. Testing of retention will be measureca by ee
checks of the inmate assistants and by monitoring the operation of the program where li-
braries having inmate assistants are located. °

6a

NOC Derarment of Naturst anu Leonurne Reources SLGEURANT Ati i ee : : ‘ we 7
niof tat -COREMIL Rovoures J aX. X. Are clC ATU.» tage . 2 4% SPPL! :
“sision of Law and Order ° | + C. Department of Natural aad Ecurumuc Resources : SUBGRANT AP! LICATION
QO. Box 2°63” oem mvision of Las and Order =
- Ralereh, Nerth Carvima loll | 59 Prenet Semare Ufuene. C6046. aN OEEGh ? O. Box orn: : aie
> Ss Raleigh, North Carolina 276) 1 |
| SeOTIN De'ow wns wel 4) Mar CONTINUAL Paces 38 Necewary | Titie
| !
DETAILED BUDGET *
'
' : , , — .
19. The project will te evaluated by testing future suomitted petitions against those FECERAL STAIE MATCHING CONTRIBUTION | CATEGORY
wnich have been Suomitted in tre past. nis Cesartment retains a large number of the DGET CATEGORY SUPPORT BUYIN CASA iN-AIND | TOTAL
petitions that have been sudmitted and therefore anyene trained in legal aoilities will
be acie to jucce the quality of these petitians suomitted previous to the implementation .
of the law libraries as to those suomitted after the law libraries have been instituted. PERSONNEL (Employees) ;
The project will aiso be measured by the numper of inmates having access to legal taterials. | Salanes - List each position with yearly salary rate.
Presently, access tc material is minimal. Success of the program will be measured bv the cofEmpioyee Powtwon Salary FolTime | ;
number of inmates actually utilizing tne facilities made available. The strengths and Tule Rate —- | | ! |
weaknesses of the programs can be measured by comparing the quality and volume of petitions 282 12,816.00
. : : ’ - 6 100 | $ 11,534.00) 1,282.00 | ’ .
originating from each of the separate libraries. The number of frivolous civil rights peti- lorarian $10164-1261 ; “hs |
tions filed in FY 74-75 should be 50% lower than-that which was filed in FY 73-74. The number | a
of successful habeas corpus actions shculd increase. The auality of all petitions should | |
significantly improve and this can be determined by ccnparing past petitions with ones filed ;
after the libraries have been installed. Correction personnel will be interviewed after | | |
the program has been fully implemented in order to ascertain the opinion of field personnel | |
as to the positive or negative resuits of the program. ! a me
: Subtotal 5S lyases 7252.00 {3 s ‘ TZ, 8T6.0S
) Fringe Benefits - lremuze percentages |
applicable for each benetit i '
CA (Social Secunty; ’ - | ?
5. ast 675.00 75.90 | | 750.00
} clement 8.95% 1,932.C0 115.00 1,147.00
inctinsitiiiaiaitiies sth» 12 months i | :
nespitalization 173.09 19.00 | 192.00
» ama Tp ~ wy 7" ~wew-rr
54nto' ai ta TT At Sh - ones ap poe
TOTAL PERSONNEL Alin -3 = Lu hen 3! et Te ae te ee OE Bt ke
CONTRACTL AL SERVICES ‘l'emute: ;
th Indwiduas C onwitants (List Dv Inanidual oF 1s pe |
sth Fee Bass ang Amount of Time Levored: Limuecto . '
Prowen Reasonadie Rate noi Exceeding $155 per dav or
1% 87 per hour : x
. ' |
Training cf librarian anc |
* inmate clerks 4,500.00 500.90 | §,CCO.CC
a § Sededcod 0. o ; eo See
‘) Conusactine of Service Organudons Performing | ' ) |
@ ‘ofessional Services iList cach Dy Type win bee Bases |
1d Amount of Time Devored) Competitive Bidding Pro | |
edure Requued to Establish Reasonabdie Rate
|
|
°
pers _ ” "OS SaaaaenateY tomate, saemibaenieti, tT? =
C. TRAVEL. i Transportanon and subswience of Provect ’ ?
Personne! Oniy. Consultant Travet tobe inviuded in By) | | ’ - *=
| oe-
;
SO weeks x $1° per diem 855.00 95.00 *~ “950.06
SO weexs x 150 mi. = 7500 mi. ! 1,013.00 112.00 1,125.00
x 1S¢ 7
' ~~ “..
$1125.00 | E “Ran
TOTAL TRAVEL| $ 1,868.00 |% 207.00 |> $ Ts2,075.00
os Tre . = Bets a
D. SUPPLIES AND OTHER OPERATING EXPENSFS | oe ‘,
(Suppues. Communications. Reproductions, Rent. etc. “sh
(1) = Dwect Costs (itemize) age
eo
Genera! Supplies 4,500.00 500.00 5,000.00
Library Materials 31,914.00 3,546.00 35,460.00
i vw Posy s
| | : he Ning
Sucrotat ! 530 als 00 5 4,046. vO 13 | $ | Gv, 36-00
j ea are eee
| Indirect Costs (Show how Indvrect (
ieproved and is to be applied in Budget Narrative! f:A0-2 20) ae
| t Tae
i. yo.
| | A “ee
oe be?
| I. tied.
Sumntal. § s ‘ rs 5
TOTAL OPFR@ATIVG A PENS | 2,818.90 5 4,046.00 5 1s “Ta0 "Gest?
' twee
t. EQUIPMENT (itemae) } e a:
an Purchase ’ ! |. = , Sve
tiem Quantuty tnt Pree | | ae a
: eo tat
Typewriter 7 275 i 2,3€3.00 262.0C - | “ t
' j .* vey 4
, | m ee? 2
$2,363.00 !s 262.90 i$ $ js 2,625.C-
12) Lease er Rental | - ee ‘
Item (Quanity t out Pree = eer sor A
Xerox Machine 1 $600/mo. | 6,480.00 | 20.00 ' 7,200.! “
4 J i . es
Suro! $ & 459.00 '$ 729.00 i $ is b $ 7,200.0"
TOTAL hal PMINT) © 6,642,990 '$ SF2,00 1 Vs $9, E25 .0¢
b. CONSTRUCTION | . a,
ih Remodel ry } i '
i i
PsP AT Cate etl ’ $ i$ | 5
Y ans Won an pRomre TOSS 65022.29 Deol OL ee i teense al

© Decarimerr of Natural and Economic Resources
sion of Law and Order

» Box 27687

‘igh, North Carolina 27011

= ee ee ee ee ee

'

| SUBGRANT APPLICATION | P29

Zt. Budwet “sarrative

Beein reiow and add as many conunuation pages (+1. Yh ets.)
as necesary to retate the items Cudteted lo prorect activities.
and Compiete the required justilicauon and explanation of the
project Dudzet

Personne!

A librarian with administrative acilities will te required to maintain the operation of
the system once established and monitor its effectiveness.

The Contractual Services

law clerks, who will staff the main library and the major li-.
braries, will need to be trained in the area of legal research and in maintaining a lecal
library. There are two possible sources from which this training may be obtained. The
first Is through the West Publishing Company, which has developed extensive programs for
use in prisons. The use of West is contingent on our purchasing a sufficient number of
West publications. . The second source of training is through one of the university law
schools located in the Immediate vicinity. A figure of $5,000 would be necessary in the
event that we had to contract with a law school for training. Twenty-one inmate legal
assistants and the librarian would be trained in this program at the outset. It may be
that a second course or a refresher course will be required when the project has been
underway for some time.

The librarian and inmate

Travel

The librarian will be required to visit the libraries throucheut the state in orcer to
monitor the progress and effectiveness. it is anticipated that about one trip per week
will be required which would likely inciuce an overnight stay. Approximately fifty such
trips will be made. Nineteen dollers i. the current per diem paid in North Carolina. It
Is estimated the average trip will be 150 miles. Therefore, fifty trips times 150 miles
ts 7500 miles at 1S¢ a mile equals $!1,1/25.

Supplies

(a) General supplies will incluce paper for the Xerox machine, typing paper, carbon
paper, file cards. It is expectec that the use of the Xerox machine will be great,
therefore, much pacer will be recuired. it Is also assumed that several thousands of
legal petitions will be filed throughout the system. The general sucplies, therefore,
Include both supplies neeced by tne inmates in filing their petitions and supplies needed
In tne operation of the library. .

~

(b) Library materials. See Attachments DI, 02, and 03.
Additional cost - to cover additional volumes and price changes since Decemoer, 1373

Equipment

(a) Seven typewriters will be required for the tysing of inmate petitions. There will

be one typewriter in each of the seven major libraries.

A high cuality Xerox machine capable cf copying raterial printed
figure is based on orvperience within the institution.

(t) The Xerox machine.
In kooks will be required. The crice

Gan 36 *s | rs pee tj ae ward We PS> Mees - | rs
sbigs.tty dec: ahs..9 ; ‘ , =f yy

as the machine pre-

about 439,0C° epi 9 per mente .* a ost c: t
It is estimated that this machine will be used adout half as muc
sently used In the Department.

4°

»€. Deosriment of Naturai aad } enmme Reve sree "#2 . ae “—
Mivision of “tna and nat OOS Soenatas Tew ae | SUBGRANT A¥YLICATIUN | — 7 utment cf Natzral and Econumi Resources At ccement 2
O. Bor 203° { Law and Order CEP TIFICA LIDS OF NON-SUPPLAN TING
talewgn. Nerth Carolina 27511 Pomect No A tina 27611
. 5 ‘or ana o/
Title
; Gays ~@- t FEDERAL REQUEST CONTROL NUMBER
/ « Sommary $65,033.00 (leave Mank if unknown)
FEDERAL | . - Carolina Cepartment of Correcticn At
‘DGET CATEGORY | STATE | MATCHING CONTRIBUTION === | CATEGORY dest Morgan Street PROJECT NAME
a SLPPOKT BLY.IN CASH | IN-KIND oe TOTAL igh, North Carolina Inmate Law Libraries
} -§-
Personnel s 13,414.cC0 |s 1,491.00 $ 5 s 14,9C5.06 ary to provide assurance that sudgrant funds wi net de usec to supplant or replace funds that wouid normaily be
“—— - ~ --——-— 4 ee ss cerificate 1s to be signed by the applicant agency s Cluef Fiscal Officer.
Contractual Serces 4,500.00 | $00.09 | 5,000.00
Travel 1, 06.0 | . >
Tea 26.00 | 207.00 2,075.00 AGENCY OR DEPARTMENT
Supphes and Other te ti EXPENDITURE AND BUDGET DATA
Operating Expenses 36,414.00 - 4,046.00 40, 460.06 on FY 19 72°73 s_ 42,914, 345.00
Squigment | 8,843.00 | 982.00 ‘| 9,825.00. ‘enditures FY 19 73-74 g_54 215,224.00 % Increase_2°:33__
Construction | | se iget (Excluding Sub- FY 19 74775 s_83.962,£98 00 & Increase__2! +87 %
t Request)
— | er ¢_ 54,364, 156.00 os sa
Tora =| S 65 079.00 /$ . . —s .
—— 5,079.00 7,226.00 [| $ $ S$ 72,265.00
Percent of Total | oo 6 | l ' -
30 | 1c * % ¢
— , eel “ + | 100% CERTIFICATION
Federai Dollar Benefit cordance with the provisions of Title | of the Ommbus Came Control and Safe Sure ** Act of 1994. as amended. the arpiseart
=a - ov certifies that tederal funds will not be «ised to suppiant or repiace funds or other resources ‘hat wouid otherwise have been
Local Unit of Government ; 7 ¢ available for Law Enforcement and Crmunai Justice.
(Citvs and/or County's Oniv) Federal DoUar Benefit
| -_ appucant further certifies that expenditures for Law Enforcement and Criminal Justice (excluding federal funds) wii be at
N/A | s | a8 great as the preceding fiscal vear plus the average annual increase caicuiated above.
|
!
’
Toul | 5 3 , . A, Pecks, Jr., Controller

—

ve and title of agency's cluef fiscal officer

Clete hale

ature of chuet fiscal often Date

od Of Cumputation

12a

un

'
% ©) Department ot Naturai and Econonne Resources Attacnment (
| Oeewn otf Law and Order
? © Bev 27687
Aaiewh. North Carolina 27011

Assumpuon of Proyect ( oss

Attacament C

It Is possible that continuaticn funds of a lesser amount for Fiscal Year 75-76 will be
solicited from the Governor's Committee on Law and Order. If LEAA funds ere recuired for
the following year, they will be substantially less than the amount for the original grent.

13a

MAJCR. LISRASY MATERIALS

Nerth Carclina Genera! Siatuces

North Carolina Reoorts (1960 - )

N. C. Court cf Apoeals Fesorts

Advance Sheets for N. C. and tl. C. Court of Appeals Report

Strongs N.C. Incex

North Carolina Rules of Court (West)

U. S. Code Annotated (West)
Title 18
Title 28 2241-2254 (2 copies)
Title 28 - Rules of Appellate Procedure
Title 28 - Rules of Civil Procedure
Title 42 - SS 1891-2010 (2 copies)

Supreme Court Reporter (West) (1960 - )
with Advance Sheets

Federal Reporter 2d (West) (1960 - )"
with Advance Sheets

Federal Supplement (West) (1560 - )
with Advance Sheets

Black's Law Dictionary (West)

Soko! Federal Habeas Corous (Michie)

LaFave and Scott Criminal Law Hortbook (west)
(2 copies)

Cohen Lecal Research

Criminal Law Reporter (S3ureau cf National Affairs)

Palmer Constitutional Rights of Prisoners
(Criminal Justice text series)

Cost
$250.00

202.380
120.12
21.00
236.00
8.00
225.00

14a

Appendix D5

CCRE LIBRARIES

North Carolina General Statutes: 50.00
(Volumes 18, IC, 3C) :

Black's Law Dictionary 15.00
Sokol Feceral Habeas Ccrous 25.00
LaFave & Scott Criminal Law Hornbook 27.00
Criminal Law Reporter 148.00
Palmer, Constitutional Riches of Prisoners 11.50

276.50
x 5
T, 302.50

| Deoartment of Natural and Economic Resources Attacaserc
won of Law and Order Cersti“iczciscn of Filings of an
' Bor 2763" F is igual E=xplovmen: Opportunity
“gh. North Caroiina 27611 ; ?Progras
ith Departmen: of
I, Jim Gate (project director) certify thac the ,
Correczion (agency) has formulated an Equal Employment Opportunity Pro-

gram entitled Equal Employment Opportunity Witnin the Departrent dated May, 1974

of Correction
in accordance with the Amended 1 qua Ezploysent Opportunity Guide-

lines 28 C.F.R. 42.301. etseq. Subpart E, and that it is on file in the office of
Director of Personnei

Vic Donati, Jr. (name) (title)

. 3 o- 5
840 West Morgan Street, Raleigh, N. C. (address}-2 29>” (telephone)

for review and audit by officials of the Division of Law and Order or the Law
Enforcement Assistance Administration as required by relevant law and r¢::lations,

and that a copy of chis Equal Emepiovtent Cpportunity Program is on file in the

office of the Division of Law and Order.

—— Administrative ae Se
Title:

8465 west Morgan Street, ®aleign, N. C.

Address:
229-2911
Teiepnone:
z. (projece director) certify tnac 1 have .read.the

Amended Equal Exployment Cpportunity Guidelines (23 C.F.R. 42.501. etseq. Subpart £)
and that no Equal Exployment Opportunity Program is required to be filed by the

_ (recipienc agency).

Signature:

Ticle:

Ib
EXHIBIT B

Younger v. Gilmore Compliance Record In The States,
The District of Columbia And The Federal Government.

This exhibit was compiled by counsel for respondents
from a variety of sources which are indicated in the
appropriate places. Complete and up-to-date infor-
mation was not available for all of the states. The
following shorthand references will be used for sources
that are frequently cited throughout this document:

ABA Resource Center — ABA Resource Center on Cor-
rectional Law and Legal Services, “Providing Legal
Services to Prisoners,” 8 Ga. L. Rev. 363 (1974).

Consortium — Consortium of States to Furnish Legal
Counsel For Prisoners (The Consortium has provided
two documents: (1) Program Narrative, (2) Final
Report, Grant 75 DF-990013 (1975)).

Jacob and Sharma — Jacob and Sharma, “‘Justice After
Trial: Prisoners’ Need for Legal Services in the
Criminal-Correctional Process,” 18 Kan. L. Rev. 493
(1970).

LEAA Compendium — LEAA, A Compendium of
Selected Criminal Justice Projects (1975).

LEAA — An LEAA computer printout, dated June 4,
1976 and entitled, “LEAA-Funded Programs Relating
to Legal Law Libraries (Block Awards, ’72-’76).”” The
printout thus includes only block awards and does
not include discretionary grants, and even as to block
awards the top of the printout cautions: “Following
state reported data may not reflect all monies
subgranted,”

2b

LeDonne — LeDonne, Survey of Library and Infor-
mation Problems in Correctional Institutions (H.E.W.
Office of Education 1974), in four volumes.

West printout — A computer printout provided by West
Publishing Company on June 2, 1976 showing the
law books sold by that company for each prison in
the country.

ALABAMA

In White v. Sullivan, 368 F. Supp. 292 (S.D. Ala.
1973), the court approved a plan submitted at its
request by the State for a complete law library at its
penitentiary, except that there was no provision for
Federal Supplement volumes.

ALASKA

Alaska received an LEAA grant for a law library at
its Juneau prison which would be made available to its
three other facilities by inter-library loan. “A new
institution at Anchorage will have its own law
collection.’’ LeDonne, vol. 3 at 5.

ARIZONA

Arizona has complete law libraries in its two main
prisons. ABA Resource Center at 423; LeDonne, vol. 2
at 18, 22, vol. 3 at 6; West Printout. Arizona received
LEAA funds to upgrade its prison law libraries, provide
instruction in legal research, and train inmates as law
librarians and_ paralegals. LEAA .#74A04R0077;
LeDonne, vol. 2 at 18, 22, vol. 3 at 6.

3b

The University of Arizona College of Law conducts a
post-conviction clinic at the Arizona State Prison.
Foggy v. State ex rel. Eyman, 107 Ariz. 532, 490 P.2d
4, 6 (1971).

Rule 32.5(b) of the Arizona Rules of Criminal
Procedure provides that if an indigent files a state
post-conviction petition the court “shall appoint
counsel who may file an amended petition within 15
days of appointment.” Confirming the impression that
this rule provides for automatic appointment of counsel
without initial screening is the Comment to that rule:
“Appointed counsel’s first duty is to ensure that the
petitioner has included all his grounds for relief in one
petition and to file an amended petition when necessary
to do so.”

ARKANSAS

Arkansas has complete law libraries in two of its
prisons which serve all three of its prisons. ABA
Resource Center at 423; LEAA Compendium at IV-361;
LeDonne, vol. 3 at 7; West Printout.

Arkansas received LEAA funds for a full-time
attorney plus supporting personnel, including law
students from the University of Arkansas, to provide
legal counseling, information, and representation to
prisoners in a broad range of cases except cases against
the Department of Corrections. LEAA funds have also
been used for prison law libraries. LEAA Compendium
at IV-361; LEAA Printout #72A05R0185; LeDonne,
vol. 2 at 26.

4b
CALIFORNIA

California has complete law libraries in all twelve of
its prisons. Gilmore v. Lynch, 2 Pris. L. Rptr. 21
(1972); ABA Resource Center at 423; West Printout.

There is also a law library for sentenced inmates at
the Los Angeles County Jail. Brown v, Pitchess, 13 Cal.
3d 518, 119 Cal. Rptr. 204, 206, 531 P.2d 772 (1975).

COLORADO

Colorado has complete law libraries at both of its
prisons. Hampton v. Schauer, 361_F. Supp. 641, 642
(D. Colo. 1973); LeDonne, vol. 3 at 9; West Printout.

In addition, the public defender consults with
prisoners on post-conviction matters. “He is not
required to conduct post-conviction proceedings for
inmates, but is authorized to do so if he is satisfied that
there is arguable merit to the proceeding.” Hampton v.
Schauer, supra at 643-44.

-

CONNECTICUT

The Connecticut program is described in Connecticut
Department of Correction, Legal Assistance to Prisoners
(1975) and Greene and Whitehead, “Civil Legal
Assistance to Prisoners” (1975), the official progress
report of the Connecticut Legal Assistance to Prisoners
Program prepared by its director and one staff attorney.

The prisons at Somers and Enfield have complete law
libraries administered by a professional librarian.
Material in the public domain, and copyrighted material

Sb

_with the permission of the copyright owner (such as

law reviews), is provided on microfilm. Where that is
not possible, hardcover law books are provided. Eight
other Connecticut prisons have the microfilm material
only. In addition, at the request of a prisoner the State
Library will photocopy material and send it to the
prisoner free of charge. ABA Resource Center at 423;
Connecticut Department of Correction, supra at 4-8;
LeDonne, vol. 2 at 10, vol. 3 at 10; West Printout.
Connecticut received LEAA funds for its legal col-
lection at Somers. LeDonne, vol. 3 at 10.

The Legal Assistance Program for Prisoners has been
in operation since January 1, 1972. It was organized at
the initiative of the Department of Correction but is
administered through the Connecticut Prison Associa-
tion, a private non-profit organization. It has received
LEAA funds. The attorneys in the program interview
about ninety prisoners and take about thirty-one new
cases per month. They provide comprehensive legal
services to all of the state’s prisoners and parolees in
civil cases, including the following: habeas corpus, civil
rights, detainers and warrants, time computation,
sentence modification, parole revocation, pardon, and
administrative (including prison transfers, visiting rights,
classification, medical treatment); divorce (including
property division, child custody, support and visitation
rights and alimony), replevin to protect the property of
prisoners, torts (as plaintiffs against the prison for
injuries and as defendants in automobile accident,
workmen’s compensation and general negligence claims),
paternity, probate court cases (including wills, trusts
and estates and termination of parental rights cases),
drivers license problems, military benefits cases, welfare,
federal tax problems, deportation and related immigra-

6b

tion cases, bankruptcy, and voting rights problems.
Connecticut Department of Correction, supra at 3-4;
Greene and Whitehead, supra at 1-39; LEAA Printout
#72A09RO175; see also, Jacob and Sharma at 607.

DELAWARE

Delaware has fairly complete law libraries at two of
its three major prisons and none at its fourth. Johnson
v. Anderson, 370 F. Supp. 1373, 1383, 1385 (D. Del.
1974); ABA Resource Center at 423; West Printout.

FLORIDA

Florida is a member of the Consortium, which it
joined in 1974. Its program, called the Florida Prison
Project, is administered through Florida Legal Services,
Inc., and became operational in April, 1975. It is still in
its three year period of LEAA funding, and is working
towards securing state funding at the end of the grant
period.

The Florida Prison Project has staff offices in
Gainesville and Tallahassee. It has a staff consisting of
six attorneys, one Vista attorney, law students, and
three secretaries. It handles such problems as state and
federal habeas corpus, sentence computation, divorce,
child custody, consumer law, change of name, etc.

The program was inspired by Hooks v. Wainwright,
352 F. Supp. 163 (M.D. Fla. 1972), which is still
pending. Consortium Final Report at 4, 12-13;
Consortium Program Narrative at 3; LEAA Com-
pendium at III-201; Norman, “Civil Legal Services to
Prison Inmates,” 48 Fia. B.J. 736, 737-738 (1974).

GEORGIA

Georgia is a member of the Consortium, and was one
of the original three members in 1972. Its program,
with an annual budget of $125,000, is now fully
funded by the State. It is administered by the
University of Georgia Legal Aid and Defender Society
and has four attorneys operating out of two offices,
with the help of law students and secretaries.

“During three years of operation, the Georgia
project has developed a complete legal services
program. At the Diagnostic and Classification
Center at Jackson, the project office ‘s staffed by
two senior staff attorneys, a secretary and paid law
students.... This staff primarily screens ll
incoming inmates in the system, isolates legal
problems and initiates legal or administrative
resolution measures.

“The office located at the University of Georgia
in Athens is staffed by the state supervisor, two
staff attorneys, a_ secretary and _ law
students....Teams of students nd _ staff
attorneys travel extensively to institutions ranging
from the maximum security Georgia State Prison
to the rural work camps which dot the state.”

The Georgia project handles habeas corpus and
post-conviction proceedings, sentence reviews, sentence
computations, parole advice, divorce and child custody
cases, military discharge problems, and prison transfer
matters. It had a caseload of 3,676 during one
nine-month period. Consortium Final Report at 2-3, 9;
Consortium Program Narrative at 4-5; LeDonne, vol. 2
at 10.

HAWAII

Hawaii State Prison at Honolulu has a complete law
library. West Printout; see also, LeDonne, vol. 3 at 16.

Federal funds provided under the Public Library
Services and Construction Act were used to buy basic
level law materials. The Hawaii Supreme Court library
sends duplicate materials to the prison library,. and the
prison librarian photocopies materials from the Supreme
Court library. Attorneys have taught legal research
classes at the prison. LeDonne, vol. 3 at 16.

In addition, Hawaii provides by statute that:

“Any indigent person who is... convicted of an
offense or offenses punishable by confinement in
jail or prison. ..shall be entitled to be represented
by a public defender.” Hawaii Rev. Stat. §802-1
(1975 Supp.).

““Any person entitled to representation by a
public defender or other appointed counsel may at
any reasonable time request any judge to appoint
counsel to represent him.” Hawaii Rev. Stat.
§802-3 (1975 Supp.).

IDAHO

Idaho has a complete law library at its prison,
purchased with the help of LEAA funds. LeDonne, vol.
3 at 17-18; West Printout.

ILLINOIS

Illinois has complete law libraries at eight of its nine
prisons. Black v. Brown, 513 F.2d 652, 655 (7th Cir.
1975) (Joliet Prison); ABA Resource Center at 423;
LeDonne, vol. 3 at 19-20; West Printout (Joliet Prison).

9b

In Chicago, the Foundation for the New Business
Ethic, largely dependent on volunteer attorneys,

“has contracted with the Illinois Department of
Corrections for the delivery of legal services at the
complex at Joliet....Emphasizing civil cases, it
also handles quasi-criminal matters, with the
exclusion of post-conviction matters and appeals.
It has the authority to engage in class actions and
section 1983 cases and soon will begin to appear
at disciplinary hearings and to file post-conviction
petitions. In six months, it has conducted. over
1,000 interviews, closed 352 cases, and has another
354 open files. There are five fulltime staff,
including the director and two third-year law
students who can practice in state courts. They are
supplemented by fifty-four volunteers, twenty-
seven attorneys, twenty law students and seven
clerical workers.”

ABA Resource Center at 408.

The law school at Southern Illinois University at
Carbondale operates the Prison Legal Aid Program,
which is funded by the state planning agency with some
LEAA funds, and which furnishes non-criminal legal
services to prisoners in about five prisons. CLEPR,
Survey and Directory of Clinical Legal Education 19
(1976).

INDIANA

There is a complete law library at the State
Reformatory at Pendleton. West Printout. In Aikens vy.
Lash, 371 F. Supp. 482 (N.D. Ind. 1974), the court
ordered that a constitutionally adequate law library be
provided at the Indiana State Prison at Michigan City.

10b

IOWA

There is a complete law library in the state
penitentiary. LeDonne, vol. 3 at 22; West Printout.
There are complete law libraries in the Reformatory at
Anamosa and the Women’s Reformatory in Rockwell
City, except that they may not have a Supreme Court
reporter. West Printout. .

In two adult facilities other than the penitentiary
“students from Iowa Law School and community
lawyers hold consultations with inmates.” LeDonne,
vol. 3 at 22. .

The state post-conviction statute provides:

“If the applicant is unable to pay court costs and
expenses of representation, including stenographic,
printing, and legal services, these costs and
expenses shall be made available to the applicant
in the preparation of the application, in the trial
court, and on review.” Ia. Code Ann. §663A.5

(1976 Pocket Part) (emphasis added).

KANSAS

Kansas is a member of the Consortium, and was one
of the original members in 1972. Its program is
described in the Consortium Program Narrative and the

Consortium Final Report, and also in the following

documents: Glen, Jailhouse Law Students; A Report on

Law-Student-in Correction Programs 6-8 (National
Council on Crime and Delinquency 1973); LEAA
Compendium at III-201, IV-360; LeDonne, vol. 2 at 10;
Meyer, “The Defender Project,” The KU Laws 5 (Fall,
1973); Wilson, “Legal Assistance Project at Leaven-
worth,” 24 Legal Aid Brief Case 254 (1966);

11b

Consortium, State of Kansas, Legal Services for
Prisoners, Inc.; Twelve Months Statistical Report
(1975); Legal Services for Prisoners, Incorporated, The
Facts About Legal Services for Prisoners, Incorporated
(1975 Report) (1976 Report) (two documents): Wilson
and Meyer, Legal Education in the Jailhouse: An
Appraisal (1974).

Oldest of the prison legal services programs, the
Kansas Defender Project began in late 1965 as a
Clinical education program for law students at the
University of Kansas which served the federal prison at
Leavenworth. The next year, at the request of the state
director of penal institutions, it was extended to the
state prisons in the vicinity of the law school: primarily
the State Penitentiary, but also the Correctional
Institution for Women and the Reception and
Diagnostic Center. The Kansas Defender Project
received financial support during its first two years
from the Metzenbaum Human Relations Fund of
Cleveland, Ohio. For its second year it received
additional funding from the National Defender Project
of the National Legal Aid and Defender Association
(NLADA) and that financial support continued for
another three years. For the next two years, LEAA
funds supported the Project. The law school provided
the part-time service of faculty members and provided
funds to employ law students for the Project during the
summer. A law faculty member served as director of
the Project and during the four years of NLADA
funding, the Project employed a full-time attorney and
: psychiatrist and clinical psychologist on a part-time
asis.

12b

Then in 1972 the Consortium was formed with
Kansas as one of its three charter states. To administer
the new program Legal Services for Prisoners, Inc.
(LSP) was formed as a non-profit corporation inde-
pendent of the law school and the prison system. LSP
became operational in August, 1972. It is now fully
funded by the State. The Kansas Defender Project
continues to provide legal services to the federal
prisoners at Leavenworth. Potts v. Carlson, No.
74-124C3 (D. Kan. 1975).

LSP provides legal services for the inmates of all of
the Kansas prisons. The professional staff, including the
director, consists of three full-time and one part-time
attorneys. LSP also relies on law students from the
University ofs Kansas and Washburn University. The
students are supervised by faculty members at each law
school as well as by the professional staff.

LSP interviews each Kansas prisoner upon his
reception into the prison system during the orientation
process. Thereafter, it provides legal services in the areas
of habeas corpus and post-conviction cases, representa-
tion at prison disciplinary proceedings, sentence
computation or credit problems, detainer problems,
parole revocation proceedings, extradition hearings,
clemency applications, divorce and child custody cases,
tax returns, and social security, veteran’s benefits and
welfare questions.

KENTUCKY

Kentucky has complete law libraries in two of its
three prisons, and a partial library in the women’s
prison. LeDonne, vol. 3 at 24; West Printout. Its law

13b

libraries were “begun , with Library Services and
Construction Act funds, are now funded by the
Department of Corrections. These libraries are separate
from the regular libraries, and through inter-library Joan
are open to the women’s prison. Law consultants from
the University of Kentucky also aid in filling inmate
requests for legal information.”” LeDonne, vol. 3 at 24.

LOUISIANA

There are complete law libraries in all three prisons.
ABA Resource Center at 423; West Printout.

MAINE

There is a complete law library at Maine State Prison
but only the state statutes in the other two. There is
inter-library loan service from the Maine State Law
Library, which delined as the Maine State Prison
strengthened its law collection. ABA Resource Center at
423; LeDonne, vol. 3 at 26; West Printout.

MARYLAND

The legal services programs for prisoners in Maryland
are described in a Stipulation on file in Carter v. Lally,
Civil No. 72-642-K (D. Md.), a pending case. The
following information is taken from Exhibits 6, 7 and 8
to that Stipulation.

The Maryland State Public Defender has a collateral
proceedings division which consists of seven full-time
staff attorneys and two full-time and two part-time

14b

investigators. They handle about one hundred cases per
month in state court in the following categories:
violation of probation; non-support; defective
delinquency hearings; coram nobis, habeas corpus and
post-conviction petitions; and sanity hearings.

The Maryland State Public Defender also has a
division which began operation on January 1, 1975
with LEAA funds to provide assistance and repre-
sentation to prisoners with the following legal
problems: applications for post-conviction relief;
detainers; parole revocation hearings; habeas corpus
proceedings (extradition); and other criminally related
matters. This division is staffed by two at ~neys and
four paralegals.

The Baltimore Legal Aid Bureau has a Prisoner
Assistance Project which is federally funded and is
staffed by a director, a staff attorney, two full-time
legal assistants, and several law students. The Project
provides legal assistance and representation for state
prisoners in civil rights actions, state and federal
post-conviction proceedings, detainers, state sentencing
motions, extradition hearings, proceedings before the
Inmate Grievance Commission, divorce proceedings, and
forfeiture hearings. See also, ABA Resource Center at
405, n. 133.

The University of Baltimore Law School Program has
law students interview prisoners at the prison system’s
reception center and explain their present legal situation
and the various options available to them.

1Sb
MASSACHUSETTS

Massachusetts has complete law libraries at its prisons
in Norfolk and Walpole, and partial libraries in its other
four prisons. Stone v. Boone, Civil Action No.
73-1083-T (D. Mass. 1974) (consent decree re:
Walpole); ABA Resource Center at 423; LEAA
Compendium at IV-362; LeDonne, vol. 3 at 29; West
Printout.

The Prisoners’ Rights Project in Boston with LEAA
funding provides legal services to the inmates of the
prisons at Walpole and Framingham. The Project staff
consists of five lawyers and three paraprofessionals.
They represent prisoners in a variety of matters,
including criminal appeals and other post-conviction
matters, cases against state agencies which are not
resolved by negotiation, charges of escape or other
crime within the prison, administrative matters such as
medical problems, furlough applications, transfers, lost
property, and parole revocation hearings. The Project
staff also recommends legislation and administrative
regulations. LEAA Compendium at IV-362; see also,
ABA Resource Center at 405; Krantz, Bell, Brant and
Magruder, Model Rules and Regulations on Prisoners’
Rights and Responsibilities 208 (West 1973).

MICHIGAN

Michigan has complete law libraries in all five of its
prisons. ABA Resource Center at 423; LeDonne, vol. 3
at 30; West Printout.

16b
MINNESOTA

Minnesota was one of the original members of the
Consortium in 1972. Its program, called Legal
Assistance to Minnesota Prisoners (LAMP) is now fully
funded by the State and is no longer part of the
Consortium. Cases involving challenges to convictions
are handled by the state public defender. The following
description of LAMP and the state public defender is
taken from the Biennial Report of the Judicial Council
of the State of Minnesota (1974) and from chapter VI
of the Report of the Joint House-Senate Committee on
Minnesota State Prison (February, 1976). See also, ABA
Resource Center at 406; LeDonne, vol. 2 at 10.

LAMP employs two full-time attorneys and also uses
students from the University of Minnesota Law School
and the William Mitchell College of Law. Law students
are employed during the summer to continue the
services provided by students during the academic year.

LAMP does not handle post-conviction cases. Instead .

it helps prisoners with domestic problems such as
divorce, child custody and visitation rights, with
detainers, with representation in disciplinary hearings,
with civil rights actions against the prisons, and with
such other problems as property recovery, property civil
damage actions, releases, name change, drivers license,
military, tax, consumer protection, defendant tort suits,
immigration, financial matters such as debts and
bankruptcy, and personal injury.

The state public defender by court appointment
represents prisoners in appeals, petitions for habeas
corpus, post-conviction petitions, efforts to remove
detainers, and parole revocation hearings.

17b
MISSISSIPPI

There is a complete law lib ississippi
. rary at the Mississippi
State Prison at Parchman. Stevenson vy. Reed, 530 F.2d

1207, 1208 (Sth Cir. 1976), affirming 391 F. Supp.
1375, 1377, n. 2 (N.D. Miss. 1975); West Printout.

MISSOURI

Missouri has incomplete libraries at two of its prisons
and only a few law books at each of the other two, and
is now in litigation over the matter in Thompson vy.
Camp, No. 74 CV-97C (W.D. Mo.). .

Missouri has received LEAA funds for a law student
legal aid program for prisoners from the law schools at
the University of Missouri and Washington University.
LEAA #73A29R0575. In Goldsby v. Carnes, 365 F.
Supp. 395, 405-406 (W.D. Mo. 1973) the parties
entered into a consent judgment providing for an
incomplete law library at the Jackson County Jail.

MONTANA

There is a complete law library at the Montana State
Prison. LeDonne, vol. 3 at 35.

There is a Prison Legal Service Program which
provides legal assistance to inmates at the prison. The
law school at the University of Montana has a class of
students working with the Program during the academic
year. LEAA made a grant to the law school to support
two students working with the Program during the
summer. The Program handles post-conviction reviews,
detainers, parole hearings, and divorce and child

18b

custody cases. Jacob and Sharma at 607; LEAA
Compendium at IV-364; LeDonne, vol. 3 at 35.

NEBRASKA

The Nebraska Prison has a complete law library.
McDonnell v. Wolff, 342 F. Supp. 616, 618, 629 (D.
Neb. 1972); LeDonne, vol. 3 at 36. It also provides an
inmate paralegal to assist other prisoners. Id. at
620-621, 631; ABA Resource Center at 412-413; Jacob
and Sharma at 593; Note, 1968 Duke L. J. 343, 359.

NEVADA

There is a law library at the Nevada Prison, but the
extent of it is uncertain. ABA Resource Center at 423;

LeDonne, vol. 3 at 37.

NEW HAMPSHIRE

There is a law library at the New Hampshire Prison,
but the extent of it is uncertain. LeDonne, vol. 3 at 38.

NEW JERSEY

New Jersey, using LEAA funds, has complete law
libraries at all seven of its prisons. ABA Resource
Center at 423; LeDonne, vol. 3 at 39; West Printout.

19b
NEW MEXICO

New Mexico received LEAA funds to provide a basic
set of law library materials at its prison and to train an
inmate law librarian, expected to work with a clinical
law school program. LEAA #74A35R0023.

NEW YORK

New York State, using LEAA funds, has complete
law libraries in all twenty of its prisons. ABA Resource
Center at 423; LEAA #73E36R3381; LeDonne, vol. 2
at 6; vol. 3 at 41, 42; Carter v. Lally, Civil No.
72-642-K (D. Md.) (Affidavit of Jerome L. Winters); see
Montanye v. Haymes, 44 U.S. L. Week 5051, 5051
(1976).

New York City, also using LEAA funds, also has
complete libraries in all of its prisons. ABA Resource
Center at 423; LEAA #72A36R1157, #73A36D3390
#73A36R1500, #74A36M0132, #75A36RO0123:
LeDonne, vol. 3 at 42; West Printout.

New York State and New York City also have
trained inmate paralegals who operate legal clinics under
the supervision of a correctional officer. LeDonne, vol.
2 at 11, vol. 3 at 42; Carter v. Lally, supra (Affidavit of
Jerome L. Winters).

New York State is beginning a statewide compre-
hensive legal services program for prisoners. This
program is called New York State Prisoners’ Legal
Services and was implemented by the New York State
Bar Association with ninety percent LEAA funds. Until
now, New York has had only a patchwork of legal
services programs representing some of the inmates at
some of the state prisons. The new program will be

20b

staffed by about thirty-five attorneys and a substantial
number of paralegals, which will draw on law student
assistance, and will have six offices near eleven prisons.
It will provide representation in any case in which
counsel is not otherwise available, including state and
federal collateral attacks on convictions, sentence
computation problems, parole matters, civil rights
actions, immigration problems, divorce, child custody
and visitation cases, consumer fraud and bankruptcy
problems. New York State Bar Association “Grant
Application to the New York State Division of Criminal
Justice Services” (for grant to begin in 1976).

NORTH DAKOTA

North Dakota apparently has no law libraries in its
prisons. LeDonne, vol. 3 at 47.

OHIO

Ohio provides complete law libraries in all seven of
its prisons. ABA Resource Center at 423; LeDonne, vol.
3 at 48; West Printout.

The legal services program, using trained inmate
paralegals and law students from Capital University, and
started with CLEPR funds, is described in Bluth, “Legal
Services for Inmates: Coopting the the Jailhouse
Lawyer,” 1 Capital U. L. Rev. 59 (1972); see also, ABA
Resource Center at 405-406.

21b
OKLAHOMA

Oklahoma has complete law libraries in its prisons.
Seibert v. McCracken, 387 F. Supp. 275, 281 (E.D.
Okla, 1974); Battle v. Anderson, 376 F. Supp. 402, 435
(E.D. Okla, 1974); see, id... No. 72-95-Civ. (July 16,
1975 Order Granting Permission to Disburse LEAA
Funds); West Printout.

OREGON

The Oregon State Penitentiary has a complete law
library; the other two Oregon prisons have incomplete
libraries. Washington v. Powell, Civil Action No. 74-43
(D. Ore.) (Parties’ Stipulation as to Facts and Order);
West Printout. The matter is under litigation in
Washington v. Powell, supra.

By statute, the court shall appoint the public
defender to represent indigent prisoners in state
post-conviction proceedings, and he shall be permitted
to amend the petition within fifteen days following his
appointment if he determines that it is defective in
form or substance. Ore. Rev. Stat. §138.590(2), (3),
(4) (1975).

PENNSYLVANIA

Pennsylvania provides complete law libraries in five
of its eight prisons. Bryan v. Werner, 516 F.2d 233,
235, 239 (3d Cir. 1975); ABA Resource Center at 423;
LeDonne, vol. 3 at 44.

Several of the prisons, including the ones at Dallas
and Graterford, have established inmate legal clinics

22b

staffed by trained prisoners which, under the direction
of correctional officers and with the help of attorneys,
assist other prisoners in the preparation of legal claims
except suits against the prisons or their personnel.
Bryan v. Werner, supra at 235; ABA Reosurce Center at
412; DeDonne, vol. 2 at 11, vol. 3. at 44.

In Padgeti v. Stein, 406 F. Supp. 287, 297-298 (M.D.
Pa. 1975), the court ordered the York County Prison
authorities to submit “a plan that will guarantee
inmates effective access to the courts, either by
reasonable access to attorneys, by reasonable access to
legal material, or by any other reasonable means that
can be devised,” suggesting several.

By statute, “The Public Defender, after being
satisfied of the person’s inability to procure sufficient
funds to obtain legal counsel to represent him, shall
provide such counsel” in state habeas corpus and
post-conviction proceedings. Purdon’s Penna. Stat. Ann.,
Title 16 §9960.6 (1976 Pocket Part).

RHODE ISLAND

Rhode Island received LEAA funds for a law library
at its only prison. ABA Resource Center at 423; LEAA
#73A44R0094.

The Rhode Island Public Defender Service, assuming
the functions of the LEAA funded Inmate Legal
Assistance Program, provides “indigent prisoners with a
broad range of legal services, consisting in part of
actions involving civil rights, post-conviction relief,
divorce, bankruptcy, probate and bail.” Souza y.
Travisono, 498 F.2d 1120, 1121, and n. 4, 1124 (Ist Cir.
1974); LEAA Compendium at IV-363; LeDonne, vol. 3

at 51.

- 23b
SOUTH CAROLINA

South Carolina has complete law libraries at most of

its nine prisons. ABA Resource Center at 423;
LeDonne, vol. 3 at 52; West Printout.
South Carolian is a member of the Consortium, which
it joined in 1974. Through the Corrections Clinic
at the University of South Carolina Law Center it
provides comprehensive legal services to all prisoners in
the state’s correctional system. Its staff consists of a
director, two staff attorneys, one part-time attorney
(the former director), a secretary and thirty-three law
students. In its first nine months it handled 832 cases,
closing 450 of them, in the following categories: 202
applications for post-conviction relief; 21 pending
offense matters, including 17 detainer problems; 48
divorce requests; several civil rights actions; 21
probation or parole hearings; 19 transfers; and 10
applications for credit for jail time. Consortium Final
Report at 3, 4, 10-11; Consortium Program Narrative at
3; see also Jacob and Sharma at 607; Note, 23 So. Car.
L. Rev. 294 (1971).

SOUTH DAKOTA

South Dakota has a complete law library at its
prison. LeDonne, vol. 3 at 54; West Printout.

TENNESSEE

Tennessee has a complete law library in one of its
prisons and smaller collections in two others. LeDonne,
vol. 3 at 56; West Printout.

24b
TEXAS

Texas has complete law libraries in thirteen of its
sixteen prisons, which were partially funded by LEAA.
ABA Resource Center at 423; LEAA #72A48R0932;
LeDonne, vol. 3 at 57; Walsh, “Jailhouse Lawyers: The
Texas Department of Corrections Revokes Their
License,” 1 Capital U. L. Rev. 41, 51 (1972); West
Printout. :

The comprehensive legal services program for Texas
prisoners is described in Novak v. Beto, 453 F.2d 661
(Sth Cir. 1971), remanding 320 F. Supp. 1206 (S.D.
Tex. 1970); Corpus v. Estelle, 409 F. Supp. 1090 (S.D.
Tex. 1975); LeDonne, vol. 2 at 10, 26; Walsh, supra, as
follows:

After a prison legal assistance program using legal
interns proved the need for such a program, inmate
acceptance of it, and that it did not cause disruption in
the prisons, the Texas Department of corrections in
1969 hired a full-time attorney for the program. He
needed a law library as well as a secretary and office
supplies. In 1971, one of the former interns was hired
as a second attorney for the program. After the
decision of the Court of Appeals in Novak v. Beto,
supra, the program was expanded to thirteen attorneys.
At the outset, the. program gave priority to post-
conviction matters. With the expansion, it began also to
represent prisoners in detainer problems and civil cases
such as divorces. It does not, however, represent
prisoners in civil rights litigation.

iP

UTAH

Utah has one complete law library for its three
prisons. ABA Resource Center at 423; LeDonne, vol. 3
at 58.

25b
VERMONT

Vermont nas a complete law library. ABA Resource
Center at 423.

Vermont, with only 350 incarcerated inmates, is a
member of the Consortium, which it joined in 1974. Its
project is administered through the State Defender
General’s Access to the Courts Project. It has three
components: in addition to the correctional facilities
defender it has an appellate defender and a juvenile
defender. The correctional facilities defender office is
staffed by the director, one other attorney, paralegal
assistants and a secretary. It has handled post-conviction
and sentencing relief actions, parole hearings, classifica-
tion and program hearings, civil rights actions, and
general civil actions such as divorce, personal property
claims and medical complaints. Consortium Final
Report at 11-12; Consortium Program Narrative at 3.

VIRGINIA

Virginia provides appointed counsel to confer with
and assist the indigent inmates at all of its prisons
regarding any legal matter relating to their incarceration
except those for which they already have counsel. Vette
v. Virginia Department of Corrections, 529 F.2d 518
(4th Cir. 1976) (unpublished opinion); Russell v. Oliver,
392 F. Supp. 470, 473 (W.D. Va. 1975); Collins vy.
Haga, 373 F. Supp. 923, 925 (W.D. Va. 1974); Brief of
the Commonwealth of Virginia as Amicus Curiae in
Support of the Petitioners 6.

26b
WASHINGTON

Washington has complete law libraries at four of its
six prisons. ABA Resource Center at 423; LeDonne,
vol. 3 at 62.

“In Washington, a civil legal aid program was
established through the State Department of Social
Health and Welfare, to handle all cases except criminal
appeals, including civil cases encountered by prisoners’
families. There are three offices, each consisting of an
attorney, a paralegal and a secretary, located near each
of the four major institutions. The paralegal and
attorney divide interviewing tasks at the institutions.”
ABA Resource Center at 406; LeDonne, vol. 2 at 10,
26.

WEST VIRGINIA

West Virginia has complete law libraries at its two
major prisons. LeDonne, vol. 3 at 63.

WISCONSIN

Wisconsin, using LEAA funds, has complete law
libraries at all five of its prisons. Nickl v. Schmidt, 351
F. Supp. 385, 390-391 (W.D. Wis. 1972); Van Ermen y.
Schmidt, 343 F. Supp. 377, 378 (W.D. Wis. 1972);
ABA Resource Center at 423; LEAA #73A55R1465;
LeDonne, vol. 3 at 64, 65.

Legal services for Wisconsin prisoners are provided by
the Legal Assistance to Inmates Program at the
University of Wisconsin and by the Wisconsin Cor-

27b

rections Legal Services Program which has a service unit
located in Milwaukee and a litigation unit located in
Madison. The Corrections Legal Services Program is
funded by LEAA with, of course, local matching funds,
and also by a purchase-of-services agreement with the
Wisconsin Division of Corrections. It is a comprehensive
legal services program, operating under the auspices of
Wisconsin Correctional Service, that provides a compre-
hensive prograrh of civil legal assistance for all state
prisoners and for former prisoners during at least the
first two months after their re-entry into the
community. The attorneys in the service unit, operating
like a legal aid office, make regular visits to all of the
state prisons and handle a wide range of civil legal
problems, inciiding divorce, bankruptcy, name changes,
drivers license, child custody and support, will drafting,
mortgage foreclosures, and consumer fraud. The litiga-
tion unit engages in law reform actions and brings
lawsuits in state and federal courts on behalf of
prisoners complaining against the Division of Cor-
rections. Wisconsin Correctional Service, Corrections
Legal Services Program (February, 1975).

The Legal Assistance to Inmates Program is funded
half by the law school and half by the State Division of
Corrections under a purchase-of-services agreement. It is
staffed by senior law students under the supervision of
two law professors. They interview all new prisoners as
they enter the correctional system, discussing their legal
problems and answering questions regarding their cases.
They try to resolve detainers against the prisoners,
obtain credit against their sentences for their jail time,
prepare motions for sentence reductions, assist in
requests for executive clemency and state post-
conviction relief, and handle federal habeas corpus

28b

cases. Civil problems are generally referred to the
Corrections Legal Services Program although they do
handle problems arising from small debts or traffic
charges. Cross v. Powers, 328 F. Supp. 899, 900-901
(W.D. Wis. 1971); LEAA Compendium at IV-366;
Dickey and Remington, “Legal Assistance for Institu-
tionalized Persons — An Overlooked Need,” —_ So. IIl.
U. L. J. — (1976) (forthcoming); Kimball, ‘“‘Cor-
rectional Internships — A Wisconsin Experiment in
Education for Professional Responsibility,” 18 J. Leg.
Ed. 86, 86-88 (1965); Comment, 1969 Wis. L. Rev.
574; Note, 1967 Wis. L. Rev. 514, 515, n. 6; October
29, 1975 (Memorandum from the Legal Assistance to
Inmates Program Staff re: Scope of Legal Assistance to
Inmates Program.

WYOMING

There are only a few law books at the Wyoming
prison. ABA Resource Center at 423; LeDonne, vol. 3
at 67. |

DISTRICT OF CDLUMBIA

There is a complete law library at the District of
Columbia prison at Lorton. ABA Resource Center at
423.

The District of Columbia Public Defender Service,
with LEAA funds, represents the inmates at Lorton in
collateral attacks on their convictions, sentence compu-
tation and _ reduction questions, parole matters,
detainers, and institutional administrative matters such

29b

‘as those relating to custody status. It refers general civil
problems to the Neighborhood Legal Services Program

or the Lawyers to Lorton Project sponsored by the
District of Columbia Bar Association. It is staffed by
three attorneys, a legal paraprofessional, law students
and two secretaries. United States v. Simpson, 436 F.2d
162, 168-169 (D.C. Cir. 1970); LEAA Compendium at
IV-368; LEAA, An Exemplary Project: The Public
Defender Service of the District of Columbia, vol. | at
34-38.

FEDERAL BUREAU OF PRISONS

The federal government provides complete law
libraries and also legal services programs in all of its
prisons. United States v. Simpson, 436 F.2d 162, 169,
and n. 23 (D.C. Cir. 1970); ABA Resource Center at
423; Jacob and Sharma at 613; Bureau of Prisons
Policy Statement 2001.2B, 1 Pris. L. Rptr. 243-245
(1972); Stevenson v. Reed, 530 F.2d 1207 (Sth Cir.
1976), Affidavit of Eugene N. Burkin, General Counsel
of the United States Bureau of Prisons, dated December
20, 1973, R. Vol. 1, 137-138.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_2163%3A6. Public record. Not legal advice.