ACLU points to continued issues with Alaska prisoners’ access to attorneys

Goose Creek Correctional Center connected Nov. 1, 2011. (Ellen Lockyer/Alaska Public Media)

The Alaska section of nan American Civil Liberties Union is stepping up its unit connected nan Alaska Department of Corrections complete what it says are improper restrictions connected inmates’ entree to backstage conversations pinch their attorneys. It’s nan 2nd clip successful caller months nan group has raised nan issue.

Conversations betwixt inmates and attorneys impact immoderate of nan astir delicate specifications of someone’s life, truthful erstwhile you deliberation you’re speaking one-on-one pinch a jailed client, it’s troubling to perceive different sound connected nan line, ACLU of Alaska Prison Project head Megan Edge said successful an interview. 

“Through nan phone, not connected speakerphone — these are jailhouse calls — our lawyer asks, you know, ‘can you perceive us?’ And nan serviceman responded and said, ‘Yes, ma’am, I tin perceive you,’” Edge said.

That incident during a speech pinch an inmate astatine Spring Creek Correctional Center successful Seward was 1 of 4 cited successful a letter from nan ACLU of Alaska’s ineligible head to Department of Corrections Commissioner Jen Winkelman past month. The group highlighted akin issues astatine nan all-female Hiland Mountain Correctional Center successful Eagle River successful April, and Edge says it’s portion of a pattern.

“It’s correctional officers aliases different DOC unit staying successful nan room aliases opinionated correct adjacent to personification trying to person a privileged telephone call,” Edge said.

In different incident described successful nan June 20 letter, a Hiland Mountain inmate told an ACLU lawyer she was forced to return ineligible calls successful communal areas adjacent different prisoners and correctional officers. Another inmate missed mealtime waiting for an attorney’s telephone while nan facility’s phones were down, according to nan ACLU. And nan group says situation unit astatine Wildwood Correctional Center “harassed” an lawyer complete her quality contempt her wearing “standard business attire,” nan missive recounts.

“As stated successful our earlier letter, nan ACLU of Alaska is progressively concerned that these repeated sorts of incidents bespeak a pervasive unit misunderstanding astir nan contours of nan law correct to pass confidentially pinch attorneys,” ACLU of Alaska Legal Director Ruth Botstein wrote.

And it’s not conscionable ACLU attorneys speaking out.

“Basically, it would beryllium cheaper for maine to alert round-trip to Tokyo than to spell sojourn my customer astatine Goose Creek Correctional [Center],” Anchorage defense lawyer Adam Franklin said by phone.

He said Department of Corrections unit is typically adjuvant and master erstwhile mounting up customer visits. But erstwhile an Anchorage suspect is shipped disconnected to Point Mackenzie to await trial, nan three-hour information travel makes practice costly and difficult, he said. At Franklin’s complaint of $350 an hour, nan thrust by itself would costs much than $1,000.

“It’s extortionate to complaint that benignant of money, successful my opinion, to complaint that benignant of money for a customer visit, and that complaint is solely created by nan rumor of having nan customer astatine Goose Creek versus Anchorage Correctional, Cook Inlet Pretrial which is, again, 5 minutes down nan street,” Franklin said.

The Department of Corrections says nan activity of prisoners is simply a “function of organization management.”

Franklin said he’s besides had problem delivering ineligible documents to his clients.

“I said, ‘Hey, I want to springiness this, you know, these 11 pages to my client’ — and it’s conscionable pieces of paper, you know, they’re invited to do immoderate they want pinch it. It’s a nationalist grounds anyway. They could publication it, make a photocopy, I really don’t care. And nan reply is conscionable a level no,” Franklin said.

Department of Corrections spokesperson Betsy Holley said attorneys are successful truth allowed to present ineligible paperwork, including astatine Goose Creek, though it’s taxable to a cursory hunt for contraband. 

“Additionally, GCCC successful peculiar useful very intimately pinch nan Public Defender’s Office, who useful intimately pinch a courier to present ineligible paperwork safely and securely to inmates,” Holley said successful an email.

And nan Department of Corrections says contraband is simply a changeless concern. More than 50 people, including immoderate Alaska inmates, person been charged pinch participating successful an world supplier trafficking ringing that allegedly smuggled narcotics into mini communities each complete Alaska. 

Holley said it’s “not uncommon” for group different than prisoners’ attorneys to effort and present contraband to jails done what purports to beryllium ineligible mail. 

And while it’s rare, it’s not unprecedented for lawyers themselves to beryllium involved: 1 Alaska defense lawyer was charged successful 2017 pinch bringing narcotics into nan Anchorage Correctional Complex during ineligible visits. 

Even so, nan ACLU’s Megan Edge stressed nan value of ensuring prisoners person entree to secure, backstage conversations pinch their attorneys, a correct guaranteed by nan U.S. Constitution. Many inmates are awaiting proceedings and presumed innocent, Edge said, and others struggle pinch constituent abuse.

“People are like, ‘Why do I care?’ And it’s like, because it could beryllium you aliases personification that you cognize and don’t hold until personification you cognize and love, aliases yourself, you extremity up successful that situation, to commencement caring astir those things,” Edge said. “Let’s proactively hole this.”

The Department of Corrections it has agreed to meet pinch nan ACLU to talk nan issues, Holley said. Edge said she’s hoping to beryllium down pinch authorities officials adjacent month.

“I americium excited for nan opportunity to beryllium capable to really problem-solve thing extracurricular of litigation,” Edge said. “I’m hoping that we tin travel to immoderate benignant of solution erstwhile we person that conversation, if we do extremity up having that conversation.”