When a Client's Right to Access Counsel Hangs by A Hook...Of A Bra
Donna Thompson-Schneider is a solo criminal defense attorney who hasn't visited her incarcerated clients. Lest you think that this is another story about an irresponsible attorney giving her clients ground for an ineffective assistance of counsel claim, read on. The reason that Donna hasn't visited her clients is because the prison has a practice of requiring women visitors to remove their bras to clear the metal detectors (apparently, not just underwires but even hooks will set them off). Except...that many other law enforcement personnel, including district attorneys and employees of the public defenders' office can bypass security entirely. Moreover, as Donna discusses here, she was willing to accede to a security wand or even a pat down, but prison personnel rejected both options. After trying for amicable resolution, Donna decided to send this letter to the Wisconsin Department of Corrections.
There's so much wrong with the prison's policies it's hard to know where to begin to attack it. First, there's the obvious intrusiveness of a search policy that requires women to remove articles of clothing, even in privacy (and this assumes that a woman is wearing a shirt that provides adequate coverage without a bra).
Second, the policy jeopardizes security more than protecting it. As Donna describes in her letter, prison personnel were willing to allow her to enter the prison and go up to the restroom to remove her bra. Surely, if she had hidden con-bra-band, she could extract it, leave it in the restroom and retrieve it after passing through security. Seems that the more sensible option would be to simply wand her at the door and be done with it.
Finally - and near to MyShingle's own heart - why should private attorneys handling court appointed work have a more difficult time accessing incarcerated clients or witnesses than prosecutors or public defenders? Court appointed attorneys get so much criticism for being incompetent and irresponsible. And yet when a court appointed actually tries to satisfy professional obligations, she's prevented from doing so.
It seems reasonable to me that a court appointed attorney should be afforded the exact same courtesy as someone from the DA or PD's office.
Ridiculous...
Let's do something about this! Every reader of My Shingle who has his/her own blawg or blog should link to this story.
Those who are regulars on Atrios or DKos or AMERCIAblog should post this story to the comments section.
Shine a little light on these abusive tactics and see if that helps with an attitude adjustment.
the chandelier wholesale