Fwd: [Actmad] Inmates sue for access to law library

[Guest guest]

Sally Clay <sallyclay@...> wrote:Date: Sat, 17 Jul 2004 07:11:34 -0400

To:

From: Sally Clay

CC: CI Book

Subject: [Actmad] Inmates sue for access to law library

BROWARD JAILS

Inmates sue for access to law library

BY NOAH BIERMAN AND WANDA J. DeMARZO

nbierman@...

A pair of Broward inmates asked an appeals court Thursday to stop

Sheriff Ken Jenne from closing down the law library in one of the

county's jails next week.

Jenne began converting jail law libraries at his five jails earlier

this year into online systems that require inmates to make their

requests for legal research in writing. The move saves about $150,000

a year, but the inmates fear it will take away their constitutional

right to an adequate defense by slowing down research. Jailhouse

legal research is an American legal tradition, credited with the

release of many wrongly convicted inmates.

Brown, whose conviction for killing a Broward deputy was

reversed last year, had the help of fellow inmate Craig before

gaining the attention of civil rights lawyers and the media. Craig,

who has a 10th-grade education and is serving life for murder, has

filed dozens of inmate appeals and seen the release of several

convicted men he has helped.

Civil rights and defense lawyers say the new system can work, but

they are skeptical. A court-appointed overseer will inspect the new

library system next month as part of a 1977 lawsuit that still

regulates inmate conditions, according to American Civil Liberties

Union Prison Project lawyer Balaban.

BSO spokesman Hugh Graf would not comment directly on the inmates'

newest challenge, citing a policy against discussing pending legal

matters. But Graf acknowledged the library in the North County Bureau

jail in Pompano Beach will close Monday, following the closings of

two other libraries in February and March. The main jail has not yet

been converted.

In place of libraries, BSO has staffed each of the jails with three

BSO employees given 18 hours of training in legal research. The

employees take written requests from inmates to look up specific

cases or general issues. Each inmate may make no more than one

request per week.

Graf said the shift from a physical library to an online service will

reduce the library budget.

Jenne's lawyer, Terrence Lynch, explained the system in a Feb. 20

letter to Circuit Judge Greene, who oversees Broward criminal

court. Lynch wrote that the online system preserves prisoners' access

while improving security by limiting inmates' movements.

Greene said that as long as prisoners have access to legal research,

the sheriff has the right to control the process.

The new online system was modeled after a similar program in Orange

County, Fla., which Lynch claimed was commended by the ACLU's prison

project.

Balaban said the prison project does not make such endorsements, but

one of its attorneys did praise the Orange County program during a

conference last year.

He said success in Broward will depend on how responsive Jenne is to

inmates' needs for legal help and the quality of training given to

researchers. The inmate population has a higher rate of illiteracy

than the general public and often needs lots of help in legal

research.

''The system can work, but there are a lot of hoops that have to be

jumped through,'' Balaban said. ``We're skeptical.''

Broward County Chief Assistant Public Defender Finkelstein had

similar reservations. He said some inmates may be helped by the new

system if the researchers can better guide them through the process.

Most practicing lawyers already use online legal documents, rather

than legal books.

He's most concerned with time delays and the possibility that inmates

who have trouble narrowing research requests will get caught up in a

cycle of delay.

The inmates who filed Thursday's court motion, Dennis McNeal and

Frederick Oswalt, filed 16 pages of documents using the old library

at the jail.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

* Zangmo Blue Thundercloud * sallyclay@...

* Web page: *

Lake Placid, Florida * Lightning Capital of the World

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

_______________________________________________

Actmad mailing list

Actmad@...

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F. Prior

Chicago, IL

T: 773/774-6696 or 800/654-1215 F: 801/848-3451

E: jprior@... W: www.lgln.com (under construction)

[Guest guest]

Sally Clay <sallyclay@...> wrote:Date: Sat, 17 Jul 2004 07:11:34 -0400

To:

From: Sally Clay

CC: CI Book

Subject: [Actmad] Inmates sue for access to law library

BROWARD JAILS

Inmates sue for access to law library

BY NOAH BIERMAN AND WANDA J. DeMARZO

nbierman@...

A pair of Broward inmates asked an appeals court Thursday to stop

Sheriff Ken Jenne from closing down the law library in one of the

county's jails next week.

Jenne began converting jail law libraries at his five jails earlier

this year into online systems that require inmates to make their

requests for legal research in writing. The move saves about $150,000

a year, but the inmates fear it will take away their constitutional

right to an adequate defense by slowing down research. Jailhouse

legal research is an American legal tradition, credited with the

release of many wrongly convicted inmates.

Brown, whose conviction for killing a Broward deputy was

reversed last year, had the help of fellow inmate Craig before

gaining the attention of civil rights lawyers and the media. Craig,

who has a 10th-grade education and is serving life for murder, has

filed dozens of inmate appeals and seen the release of several

convicted men he has helped.

Civil rights and defense lawyers say the new system can work, but

they are skeptical. A court-appointed overseer will inspect the new

library system next month as part of a 1977 lawsuit that still

regulates inmate conditions, according to American Civil Liberties

Union Prison Project lawyer Balaban.

BSO spokesman Hugh Graf would not comment directly on the inmates'

newest challenge, citing a policy against discussing pending legal

matters. But Graf acknowledged the library in the North County Bureau

jail in Pompano Beach will close Monday, following the closings of

two other libraries in February and March. The main jail has not yet

been converted.

In place of libraries, BSO has staffed each of the jails with three

BSO employees given 18 hours of training in legal research. The

employees take written requests from inmates to look up specific

cases or general issues. Each inmate may make no more than one

request per week.

Graf said the shift from a physical library to an online service will

reduce the library budget.

Jenne's lawyer, Terrence Lynch, explained the system in a Feb. 20

letter to Circuit Judge Greene, who oversees Broward criminal

court. Lynch wrote that the online system preserves prisoners' access

while improving security by limiting inmates' movements.

Greene said that as long as prisoners have access to legal research,

the sheriff has the right to control the process.

The new online system was modeled after a similar program in Orange

County, Fla., which Lynch claimed was commended by the ACLU's prison

project.

Balaban said the prison project does not make such endorsements, but

one of its attorneys did praise the Orange County program during a

conference last year.

He said success in Broward will depend on how responsive Jenne is to

inmates' needs for legal help and the quality of training given to

researchers. The inmate population has a higher rate of illiteracy

than the general public and often needs lots of help in legal

research.

''The system can work, but there are a lot of hoops that have to be

jumped through,'' Balaban said. ``We're skeptical.''

Broward County Chief Assistant Public Defender Finkelstein had

similar reservations. He said some inmates may be helped by the new

system if the researchers can better guide them through the process.

Most practicing lawyers already use online legal documents, rather

than legal books.

He's most concerned with time delays and the possibility that inmates

who have trouble narrowing research requests will get caught up in a

cycle of delay.

The inmates who filed Thursday's court motion, Dennis McNeal and

Frederick Oswalt, filed 16 pages of documents using the old library

at the jail.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

* Zangmo Blue Thundercloud * sallyclay@...

* Web page: *

Lake Placid, Florida * Lightning Capital of the World

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

_______________________________________________

Actmad mailing list

Actmad@...

http://actmad.net/mailman/listinfo/actmad_actmad.net

F. Prior

Chicago, IL

T: 773/774-6696 or 800/654-1215 F: 801/848-3451

E: jprior@... W: www.lgln.com (under construction)

[Guest guest]

Sally Clay <sallyclay@...> wrote:Date: Sat, 17 Jul 2004 07:11:34 -0400

To:

From: Sally Clay

CC: CI Book

Subject: [Actmad] Inmates sue for access to law library

BROWARD JAILS

Inmates sue for access to law library

BY NOAH BIERMAN AND WANDA J. DeMARZO

nbierman@...

A pair of Broward inmates asked an appeals court Thursday to stop

Sheriff Ken Jenne from closing down the law library in one of the

county's jails next week.

Jenne began converting jail law libraries at his five jails earlier

this year into online systems that require inmates to make their

requests for legal research in writing. The move saves about $150,000

a year, but the inmates fear it will take away their constitutional

right to an adequate defense by slowing down research. Jailhouse

legal research is an American legal tradition, credited with the

release of many wrongly convicted inmates.

Brown, whose conviction for killing a Broward deputy was

reversed last year, had the help of fellow inmate Craig before

gaining the attention of civil rights lawyers and the media. Craig,

who has a 10th-grade education and is serving life for murder, has

filed dozens of inmate appeals and seen the release of several

convicted men he has helped.

Civil rights and defense lawyers say the new system can work, but

they are skeptical. A court-appointed overseer will inspect the new

library system next month as part of a 1977 lawsuit that still

regulates inmate conditions, according to American Civil Liberties

Union Prison Project lawyer Balaban.

BSO spokesman Hugh Graf would not comment directly on the inmates'

newest challenge, citing a policy against discussing pending legal

matters. But Graf acknowledged the library in the North County Bureau

jail in Pompano Beach will close Monday, following the closings of

two other libraries in February and March. The main jail has not yet

been converted.

In place of libraries, BSO has staffed each of the jails with three

BSO employees given 18 hours of training in legal research. The

employees take written requests from inmates to look up specific

cases or general issues. Each inmate may make no more than one

request per week.

Graf said the shift from a physical library to an online service will

reduce the library budget.

Jenne's lawyer, Terrence Lynch, explained the system in a Feb. 20

letter to Circuit Judge Greene, who oversees Broward criminal

court. Lynch wrote that the online system preserves prisoners' access

while improving security by limiting inmates' movements.

Greene said that as long as prisoners have access to legal research,

the sheriff has the right to control the process.

The new online system was modeled after a similar program in Orange

County, Fla., which Lynch claimed was commended by the ACLU's prison

project.

Balaban said the prison project does not make such endorsements, but

one of its attorneys did praise the Orange County program during a

conference last year.

He said success in Broward will depend on how responsive Jenne is to

inmates' needs for legal help and the quality of training given to

researchers. The inmate population has a higher rate of illiteracy

than the general public and often needs lots of help in legal

research.

''The system can work, but there are a lot of hoops that have to be

jumped through,'' Balaban said. ``We're skeptical.''

Broward County Chief Assistant Public Defender Finkelstein had

similar reservations. He said some inmates may be helped by the new

system if the researchers can better guide them through the process.

Most practicing lawyers already use online legal documents, rather

than legal books.

He's most concerned with time delays and the possibility that inmates

who have trouble narrowing research requests will get caught up in a

cycle of delay.

The inmates who filed Thursday's court motion, Dennis McNeal and

Frederick Oswalt, filed 16 pages of documents using the old library

at the jail.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

* Zangmo Blue Thundercloud * sallyclay@...

* Web page: *

Lake Placid, Florida * Lightning Capital of the World

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

_______________________________________________

Actmad mailing list

Actmad@...

http://actmad.net/mailman/listinfo/actmad_actmad.net

F. Prior

Chicago, IL

T: 773/774-6696 or 800/654-1215 F: 801/848-3451

E: jprior@... W: www.lgln.com (under construction)

[Guest guest]

Sally Clay <sallyclay@...> wrote:Date: Sat, 17 Jul 2004 07:11:34 -0400

To:

From: Sally Clay

CC: CI Book

Subject: [Actmad] Inmates sue for access to law library

BROWARD JAILS

Inmates sue for access to law library

BY NOAH BIERMAN AND WANDA J. DeMARZO

nbierman@...

A pair of Broward inmates asked an appeals court Thursday to stop

Sheriff Ken Jenne from closing down the law library in one of the

county's jails next week.

Jenne began converting jail law libraries at his five jails earlier

this year into online systems that require inmates to make their

requests for legal research in writing. The move saves about $150,000

a year, but the inmates fear it will take away their constitutional

right to an adequate defense by slowing down research. Jailhouse

legal research is an American legal tradition, credited with the

release of many wrongly convicted inmates.

Brown, whose conviction for killing a Broward deputy was

reversed last year, had the help of fellow inmate Craig before

gaining the attention of civil rights lawyers and the media. Craig,

who has a 10th-grade education and is serving life for murder, has

filed dozens of inmate appeals and seen the release of several

convicted men he has helped.

Civil rights and defense lawyers say the new system can work, but

they are skeptical. A court-appointed overseer will inspect the new

library system next month as part of a 1977 lawsuit that still

regulates inmate conditions, according to American Civil Liberties

Union Prison Project lawyer Balaban.

BSO spokesman Hugh Graf would not comment directly on the inmates'

newest challenge, citing a policy against discussing pending legal

matters. But Graf acknowledged the library in the North County Bureau

jail in Pompano Beach will close Monday, following the closings of

two other libraries in February and March. The main jail has not yet

been converted.

In place of libraries, BSO has staffed each of the jails with three

BSO employees given 18 hours of training in legal research. The

employees take written requests from inmates to look up specific

cases or general issues. Each inmate may make no more than one

request per week.

Graf said the shift from a physical library to an online service will

reduce the library budget.

Jenne's lawyer, Terrence Lynch, explained the system in a Feb. 20

letter to Circuit Judge Greene, who oversees Broward criminal

court. Lynch wrote that the online system preserves prisoners' access

while improving security by limiting inmates' movements.

Greene said that as long as prisoners have access to legal research,

the sheriff has the right to control the process.

The new online system was modeled after a similar program in Orange

County, Fla., which Lynch claimed was commended by the ACLU's prison

project.

Balaban said the prison project does not make such endorsements, but

one of its attorneys did praise the Orange County program during a

conference last year.

He said success in Broward will depend on how responsive Jenne is to

inmates' needs for legal help and the quality of training given to

researchers. The inmate population has a higher rate of illiteracy

than the general public and often needs lots of help in legal

research.

''The system can work, but there are a lot of hoops that have to be

jumped through,'' Balaban said. ``We're skeptical.''

Broward County Chief Assistant Public Defender Finkelstein had

similar reservations. He said some inmates may be helped by the new

system if the researchers can better guide them through the process.

Most practicing lawyers already use online legal documents, rather

than legal books.

He's most concerned with time delays and the possibility that inmates

who have trouble narrowing research requests will get caught up in a

cycle of delay.

The inmates who filed Thursday's court motion, Dennis McNeal and

Frederick Oswalt, filed 16 pages of documents using the old library

at the jail.

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

* Zangmo Blue Thundercloud * sallyclay@...

* Web page: *

Lake Placid, Florida * Lightning Capital of the World

zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

_______________________________________________

Actmad mailing list

Actmad@...

http://actmad.net/mailman/listinfo/actmad_actmad.net

F. Prior

Chicago, IL

T: 773/774-6696 or 800/654-1215 F: 801/848-3451

E: jprior@... W: www.lgln.com (under construction)