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Show THE DAILY PAGE TEN RECORD MONDAY, MAY 1. 1972 Judge Tries Spell In JaU: 'Jailhpiile Legal Work Is an Ifnportant Role By RAY DODGE, Inmate, Utah State Prison While the demand for legal coun- sel in prison is heavy, the supply is light. For private matters of a civil nature, legal counsel for the indigent is virtually Even for criminal proceedings, it is counsparse. Some states provide proceedings; sel for counthe majority do not InJJt after courts sel is appointed by.the. aPetia petitioner has submitted of Haijeas; Corpus tion for a Writ or damage and injunetioirtUit under the Civil Rights Act However, counsel is hot on hand for. the preparation of the papers - et,flr the initial decision by the prisoner that his claim has substance. ' Because counsel is often not available to prisoners for proceedings at least until the courts determine the need for evidentiary hearings based on pleadings filed pro se by inmates unless an inmate can obtain the assistance of a jailhouse lawyer in order to have access to the courts, he may be effectively denied the opportunity to present to the courts what may be valid claims relief. for Due process of law jemlres that prisoners be afforded effective access to the courts to challenge convictions obtained in vitiation of their constitutional rights.' The plight Of a man in prison is even more acute than the plight of a person on the outside.. He may need collateral proceedings to test the legality of his detention or relief against management of the parole system or against defective detainers lodged against him which create burdens in the manner of his incarcerated status. He may have grievances of a civil nature against those outside of prison, or he may desire to initiate a damage and injunction suit or a class action under the Civil Rights Act seeking to strike down oppressive prison rules or practices. While there has been some adprovement of Utah State-Prisoministrators attitudes towards lawyers since the 1969 decision of the United States Supreme Court in Johnson v. Avery, prison administrators at the Utah State Prison still tend to unjustly view jailhouse lawyers as trouble makers, particularly those who in certain matters tend to be critical of prison policies, and who bring writs and suits raising the propriety of prison administrative practices. As a result, Utah State Prison administrators still unofficially discourage writ writing by use of threats, inducements, "Discrimination against them in Classification and Treatment and punishment in other subtle and non-existe- post-convicti- nt. on - post-convicti- on post-convicti- on jail-hou- se The main problem is lack of appropriate communications between jailhouse lawyers and Utah State Prison administrators. A suggested solution which has been successful in some prisons would be for Utah State Prison administrators to establish a "Law School Inmate Legal Assistance Program." Such a law clinic would jailhouse paraprofessional help lawyers in the evaluation of cases and the preparation of writs and other legal documents. Rather than undermining prisoner practitioners or merely coexisting with them, legal clinic attorneys could and should work actively with them in a mutually beneficial professional relationship. With the cooperation of relevant correctional officials at the Utah State Prison, such a legal clinic serving the Utah State Prison should allow and permit those inmates, on the basis of ability and following their successful completion of a clinic-ru- n legal education to be assigned as fullprogram, legal assistants time, to the legal clinic educational program. Provided with an extensive law library, inmates who successfully complete the clinic or law school legal assistance program could interview inmates, prepare and draft petitions, and even possibly make certain administrative appearances such as before disciplinary committees. As well as providing inmates with rewarding experiences tied to their abilities, the program would be beneficial in many other ways. If sanctioned, it would officially legitimize the work of jailhouse lawyers, and would curtail the power respectability and unscrupulous and illegal activities of the less qualified and unlicensed breed of inmate practitioner. Jailhouse lawyers could help lawyers from the legal clinic to overcome many problems by being present to reassure apprehensive clients and would improve the image of lawyers from the law school clinic. In the State of New York and in fiie State of Arizona as well as in other states, there have been and are now being created within society paraprofessional positions of jailemployment where house lawyers can be employed to serve the law in fields such as corrections agd legal defender associations; and organizations such as the New York Civil Liberties Union and Penal Digest International are hiring jailhouse lawyers upon their release from prison 'as legal assistants. The courts have repeatedly maintained that "if a prisoner cannot er ne ex-conv-ict Dt Sees Prisons Needed But Can Be Means for Rehabilitation (First of Three Parts) (On being appointed last, year as Chief Judge of a district court In southern Sweden, the author, to prepare himself for this post, voluntarily spent six months In prison as an ostensible Inmate. His experlc relevant prison systems - Ray Dodge Inmate, Utah State Prison for jailhouse lawyers, many prisoners would be unable to secure judicial hearing in order to present their valid claims for post-convicti- on relief. Amnesty Issue Revives Wounds Of Dying War By Louis Cassels United Press International The amnesty issue is likely to create deep division among Americans for a long time to come because it raises a question which simply cannot be answered by any single, sweeping generalization. The question is: Did 70,000 young men go into exile in Canada or Sweden rather than fight in Vietnam because they anticipated a moral judgment later reached by millions of other that Americans namely, the other half in court. Prior to this I had completed the legal education required for becoming a judge in Sweden law studies at the university, six years of service in both lower and higher courts, and finally one years practice as a lawyer. After that I worked for sixteen years in the legislative assembly, three years of which I served as secretary of a law committee and thirteen as secretary of the First Chamber, or Senate. After the Swedish constitutional reform of Jan. 1, 1971, when a unicameral parliament was instituted, I returned to the courtroom as Chief magistrate in a typical Swedish court, with nine trained jurists and 36 lay members, dealing with both criminal and civil cases. In order to prepare myself for this job I was granted leave of absence from Jan. 1 to June 30, 1971. The intervention of a judge in an individual's life is most consequential in the criminal cases. The wrong decision for example a prison sentence where a person should have been put on probation can destroy his life much more definitively than the wrong decision in a civil case involving money. Personal Dilemma Vietnam War was unjustifiable? Or did these young men dodge the draft or desert from the Armed Furthermore criminal cases Forces to save their own skins, while a created letting other members of their age sentence personal dilemma: the might be interpreted as a group bear the sacrifices of an moral condemnation and I do not unpopular war? to want be the one who throws the To those yho hold the first stone. first viewpoint, the expatriates are "War So mi Jan. 1, 1971, I voluntarily resisters who should be welcome went to prison. I was locked in with home. Quite a few Americans hold the other prisoners and shared not this view and are articulate in extheir meals, their work, and only pressing it. One of them is Sen. their recreational activities, but also who Edward M. Kennedy, in all kinds of presided earlier this month over participated senate hearings on proposed am- placement and rehabilitation meetings, discussing cases with the nesty legislation. head of the prison, psychiatrists, To those who hold the latter welfare officers, custodians and viewpoint, the expatriates deserve I also had access to punishment for finldng out on a male prison guards. citizens duty to bear arms for his all files. Prison can be positive. The loss of country in wartime, whether or not in itself, of course, is freedom he personally approves of the war. The law provides prison terms of up . demoralizing. But for someone who to five years for draft evasion or has been sleeping out in the cold, who has been without food for long desertion. Related to the second view, but periods of time, has had problems somewhat more compassionate, is with alcohol and drugs, or has just the attitude reflected in legislation simply failed in his family or ocsponsored by Sen. Robert Taft Jr., cupational life, a period spent in a This would extend amnesty correctional institution can really be to draft resisters only if they were 'positive and be experienced as a relief. I have seen starved and worn willing to put in three years of down people in a short period of time as alternative civilian service (such Peace Corps) after their return overcome their misery and apathy home. Deserters would not be and return to work and belief in the future. eligible for that choice because the Two-Fol- d Purpose Armed Forces contend that whats Prisons are thus also needed for left of military discipline would fall individual-preventativ- e reasons. apart if deserters went unpunished. The fact that are needed to unconditional of they Backers combat international criminal United States argue that the and native historically had granted amnesty to organizations deserters and draft evaders at the professional criminals, I find to be t. conclusion of the wars in which they refused to fight. s., am-nest- ly self-eviden- n to everywhere. These articles were made available through the Sedish Information Service.) In 1971, 1 spent the first (ACCN) half of the year in prison and the R-Oh- FOR LAWYERS elusU Individual prevention well-organiz- p respect for human functions and rights. Even with professional criminals the prison should take the chance of providing rehabilitation and therefore be kept small. speaking, Organizationally positive reforms of a differentiating nature are easier to realize in small groups rather than in a large collective. Approximately 40 inmates to a prison is, in my judgement, economically justifiable and organizationally appropriate. This number allows for both special care and social interaction. Thus the goal is more prisons for fewer prisoners. PerU to Health For most people, a prison term is an ordeal, both physically and mentally. I was especially stricken how by physical quickly deterioration can set in. Bodies through work or sport activities quickly lost their muscular When his strength vitality. dissipates, the prisoner becomes listless and dejected. Simple athletic and gymnastics equipment, easily accessible, for example in the corridors of the prison, would provide opportunities for exercise well-train- resiliency. The mental deterioration in a closed institution is obviously the more serious problem and more difficult to repair. Positive measures must be taken to build up the prisoners mental preparedness for his return to society. Leaves of absence and visiting hours must be better organized, particularly in order to further a prisoners contact with his family. Equal treatment in this respect can be an enemy: the frequency of leaves is often determined according to the risks the authorities are willing to take with escape-oriente- d prisoners. With honest, possibly time-consumi- ed Simple Things Count Simple superficial things, such as good food .and facilities also have a striking psychological impact. Good food I well-manag- A DIVISION OF MURRAY 135 SOUTH MAIN STREET i FIRST THRIFT SALT LAKE CITV. UTAH 84111 a PHONE 521 6543 ed remember particularly one in- stitution gave a positive keynote to the convicts conversations and often even replaced criminal activities as a topic. Newly painted walls induced convicts who did the cleaning to keep an eye on their fellpw inmates and helped prevent littering and vandalism. Thus social functions were created with simple means. But bad food and decrepit cells and corridors destroyed any g sense of and created bad tempers, destructive tendencies and violent outbursts. well-bein- SALE NOW IN 20 TO 50 BANK CARDS) PROGRESS SAVINGS 136 E. SO. TEMPLE Salt Lake City. Utah (CASH OR ng explanations it is possible, however, to get even an prisoner to accept a more individual preventative and differentiatied treatment in prison. SUITS - SHIRTS - PANTS - TIES RAINCOATS - SPORT COATS MFT LEASING ed and maintain or even create, and physical psychological EVERYTHING GOES! REDUCTIONS TO HALF PRICE! present office items, lease you a few new items or set you up with a whole new office. ef- others must become like this. Likewise, when a sentence is given in the name of general prevention, the victim on the altar of society must be treated humanely and with HAS LOST ITS LEASE! sonal needs. and find Call H. A "Steve Rudy at 521-654- 3 out how MFT Leasing can buy and lease back your and environment ed fective medical care. Many of our prisons are already of this type. The COLLINS & Lease your law library and office furnishings from MFT Leasing. Release tied-ucapital for per- is best achieved in small prisons. Such institutions provide the best per sonal care, good food, a |