NCJ Number
5128
Journal
Wisconsin Law Review Issue: 1 Dated: (1972) Pages: 300-311
Date Published
1972
Length
12 pages
Annotation
DISCUSSION OF A CASE EXTENDING THE RIGHT OF INMATE LEGAL ASSISTANCE TO SUITS SEEKING TO ENFORCE CONSTITUTIONAL RIGHTS AS WELL AS POST CONVICTION REVIEWS.
Abstract
THE WISCONSIN COURT CONCLUDED THAT THE INMATE'S RIGHT OF ACCESS TO THE COURT COULD BE VINDICATED IN A SUIT TO ENFORCE CONSTITUTIONAL RIGHTS UNDER SECTION 1983 OF THE 1970 CIVIL RIGHTS ACT. IT TURNED THEN TO THE PREREQUISITES OF INJUNCTIVE RELIEF REQUIRED BY THE SUPREME COURT THAT PRISONERS SEEKING LEGAL ASSISTANCE BE BOTH INDIGENT AND POORLY EDUCATED, AND NO REASONABLE ALTERNATIVE SOURCE OF LEGAL HELP FOR INMATES BE AVAILABLE. THE MAJORITY OF PRISONERS AT WAUPUN WERE CORRECTLY FOUND TO BE INDIGENT AND FUNCTIONALLY ILLITERATE, THUS UNABLE TO ADEQUATELY PREPARE POSTCONVICTION RELIEF PAPERS ON THEIR OWN. IN REGARD TO THE SECOND CONDITION, DEFENDANTS CONTENDED THAT THE UNIVERSITY OF WISCONSIN LAW SCHOOL CORRECTIONAL INTERNSHIP PROGRAM AND WISCONSIN JUDICARE PROVIDED SUFFICIENT LEGAL ASSISTANCE TO COMPRISE A REASONABLE ALTERNATIVE TO JAILHOUSE LAWYERING. INASMUCH AS NEITHER PROGRAM EXTENDED ASSISTANCE TO INMATES SEEKING TO CHALLENGE PRISON POLICIES AND REGULATIONS THROUGH SECTION 1983 ACTIONS, THE COURT FOUND THEM DEFICIENT AS A REASONABLE ALTERNATIVE. IN CONSEQUENCE, THE PRACTICE OF JAILHOUSE LAWYERING IN WISCONSIN STATE PRISONS RECEIVED JUDICIAL SANCTION.