HomeMy WebLinkAboutAccess to Courts - SOPIdaho
Department of
Correction
Standard
Operating
Procedure
Title:
Access to Courts
Page:
1 of 17
Control Number:
405.02.01.001
Version:
6.0
Adopted:
08/15/1995
Chad Page, chief of the division of prisons, approved this document on 01/30/19.
Open to the public: Yes
SCOPE
This standard operating procedure (SOP) applies to all inmates, and to all employees
involved in the planning, management, or operation governing the legal activities of inmates
housed in the department correctional facilities.
Revision Summary
Revision date (01/30/2019) version 6.0: Numerous revisions made throughout document:
addressed inmate’s right to retain counsel, added to list of paralegal duties, provided
clarification in several sections, and added to list of definitions.
TABLE OF CONTENTS
Board of Correction IDAPA Rule Number ............................................................................. 2
Policy Control Number 405................................................................................................... 2
Purpose ................................................................................................................................ 2
Responsibility ....................................................................................................................... 2
General Requirements ......................................................................................................... 2
1. Supervision of Paralegal Staff ...................................................................................... 2
2. Duties of Paralegal Staff .............................................................................................. 3
3. Legal Resources .......................................................................................................... 4
4. Qualified Legal Claims ................................................................................................. 4
5. Forms for Qualified Legal Claims ................................................................................. 5
6. Process for Requesting Access to Courts Assistance, Services, and Resources ......... 5
7. Mailing and Photocopying Court Documents and Legal Mail ........................................ 7
8. Authorized Photocopies ............................................................................................... 7
9. Service of Documents upon Opposing Parties ............................................................. 9
10. Access to Courts Supplies for Indigent Inmates ........................................................... 9
11. Inmates who are Unable to Complete Forms ..............................................................10
12. Inmate-to-Inmate Assistance .......................................................................................10
13. Telephone Hearings and Attorney Telephone Calls .....................................................10
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14. Searching of Legal Material ......................................................................................... 11
15. Storage of Excess Legal Materials ..............................................................................12
16. Attorney Access ..........................................................................................................14
17. Access to Courts Procedures for Facilities without a Legal Resource Center ..............14
18. Record Retention ........................................................................................................15
Definitions ...........................................................................................................................16
References ..........................................................................................................................16
BOARD OF CORRECTION IDAPA RULE NUMBER
None
POLICY CONTROL NUMBER 405
Access to Courts
PURPOSE
This standard operating procedure (SOP) establishes procedures for providing all inmates
access to courts to pursue constitutionally mandated legal actions and other legal filings
identified by the Idaho Department of Correction (IDOC).
Note: This SOP does not limit an inmate’s right to retain counsel.
RESPONSIBILITY
Facility heads or designee must:
• Make readily available to inmates locked boxes designated for Access to Courts
Request Forms
• Make Access to Courts Request Forms readily available to the inmate population
• Designate a location (generally the legal resource center) to store legal resource
material
GENERAL REQUIREMENTS
1. Supervision of Paralegal Staff
The facility head must designate a deputy warden to provide direct supervision of paralegal
staff. The deputy warden is responsible for:
• Establishing the location of the legal resource center within the facility
• Establishing the hours of operation of the legal resource center in consultation with
paralegal staff
• Monitoring attendance of paralegal staff
• Ensuring paralegal staff are familiar with and follow policy, standard operating
procedures, field memoranda and post orders
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The chief of the division of prisons designates a division access to courts coordinator.
The division of prison’s access to courts coordinator reports directly to the chief of the
division of prisons and is responsible for:
• Reviewing annual audits of state-wide legal resource centers and assisting with
action items necessary to bring deficiencies in line with this policy
• Addressing operational issues with paralegal staff
• Purchasing and maintaining the appropriate number of legal resource materials for
each legal resource center
• In consultation with paralegal staff, responding to requests not authorized by this
SOP
• Identifying training needs; scheduling and coordinating paralegal meetings
• Providing guidance to paralegal staff, facility staff, and IDOC administration
regarding access to courts issues
• Requesting clarification from the Office of the Attorney General (those representing
IDOC) regarding access to courts issues
• Requesting clarification of policy and SOP issues from division administration
• Identifying staff who should be granted electronic access to the IDOC network “P-
drive,” determining the level of access needed, issuing and maintaining the
appropriate level of access to the electronically stored and protected materials (IDOC
network “P-drive” Access to Courts folder) which contains the Qualified Legal Claims
Packets. This includes keeping track of permissions given to approved staff who
have access.
2. Duties of Paralegal Staff
The IDOC employs paralegal staff to assist inmates with qualified legal claims. Paralegal
duties include the following:
• Responding to requests described in this SOP
• Providing inmates with IDOC-authorized legal resources
• Providing inmates with Qualified Legal Claims Packets and appropriate instructions
• Explaining processes associated with filing legal documents with the courts
• Explaining processes required by federal and state court rules relevant to the
progression of a lawsuit. For example, filing requirements for a Complaint, Motion to
Dismiss, Discovery, Motion for Summary Judgment, and other court rules and
statutes as necessary.
• Providing notary services to inmates
• Providing translation services for non-English speaking inmates through the AT&T
Language Line Services to assist with the completion of initial pleadings for qualified
legal claims
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• In response to a subpoena, discovery request, or other valid request, providing a
copy of an inmate’s Legal Activity Log or Legal Mail Log.
• Maintaining the following logs and forms in the legal resource center:
o Book Check-out Log (Access to Courts database)
o Individual Activity Log (Access to Courts database)
o Notary Services Log (Notary logs are the property of the notaries, but must
be kept at the facility)
o Outgoing Legal Mail Log in the Access to Courts database. Note: paralegals
must document the contents of any legal mailing to include the caption of the
pleading or type of correspondence being sent out
o Legal resource center Attorney Telephone Call Request Form
o Legal resource center Copies Log
o Legal resource center Request to Store Excess Legal Materials Form
A Paralegal Must Not:
• Assist inmates in filling any claim beyond the scope of this SOP
• Offer legal advice (see definitions section)
• Represent an inmate
• Refer inmates to attorneys or attorneys to inmates
• Make unauthorized changes to IDOC network “P-drive” Access to Courts folder
containing forms and/or packets
• Schedule appointments for inmates to meet with each other
3. Legal Resources
Legal resource centers maintain the publications, forms, and packets contained in the IDOC
network “P-drive” Access to Courts folder and make them available to the facilities they
service.
Resources may be used in the legal resource center or checked out as approved by
paralegal staff.
The IDOC does not provide for extensive or generalized legal research (case law). If an
inmate wants additional research materials not available in the legal resource center, the
materials may be obtained by contacting the State Law Library, or via friends and family,
received through the mail in accordance with SOP 402.02.01.001, Mail Handling in
Correctional Facilities.
4. Qualified Legal Claims
The IDOC has identified the following qualified legal claims:
State Court
• Idaho Criminal Rule 35 (correction or reduction of sentence)
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• Idaho Criminal Rule 35 appeal
• Direct Appeal of Criminal Conviction
• UPCPA (Uniform Post-Conviction Procedure Act)
• UPCPA appeals
• State Civil Rights (42 USC § 1983)
• State Habeas Corpus
• Credit for Time Served
• Modification of Idaho child support and initial motion to suspend child support
obligations during incarceration only
• Tort Claim (Note: The submission of a tort claim is a mandatory prerequisite prior to
filing a civil lawsuit in state court, wherein the named defendants are the state of
Idaho, one of its political subdivisions, or their employees. There is no relief available
by simply submitting a tort claim.
• Power of Attorney
• State Court Appeal
Federal Court
• Federal Civil Rights (42 USC § 1983)
• Federal Habeas Corpus Petition (28 USC § 2254)
• 9th Circuit Court Appeal
• Petition for Writ of Certiorari to the U.S. Supreme Court
The department provides forms and instructions for the initial filing of these matters.
If an inmate needs assistance other than what is identified as a qualified legal claim
above, the request for assistance should be sent by inmate concern to the division of
prison’s access to courts coordinator for consideration.
5. Forms for Qualified Legal Claims
Authorized forms for qualified legal claims are maintained on the IDOC network “P-drive” in
the Access to Courts folder. Only paralegal staff and designees have access to the folder in
this network drive.
Prohibited Forms
Inmates must not draft or possess the following:
• Completed or blank transports orders
• Blank letterhead stationery relating to any agency, organization, or entity
6. Process for Requesting Access to Courts Assistance, Services, and Resources
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Access to Courts Request Process
Functional Roles and
Responsibilities Step Tasks
Inmate 1
Request paralegal assistance, services, and resources
using the Access to Courts Request Form
Place the signed form in the designated lock box
If in need of an Access to Courts Request Form, contact
the facility paralegal or housing unit staff
Paralegal Staff 2
Collect Access to Courts Request Forms each business
day.
Fulfill the requests by any of the following listed methods:
• Sending requested authorized resources or
information by institutional mail
• Scheduling an appointment to meet the inmate
• Providing the list of Qualified Legal Claim
Packets available from the legal resource center
• Allowing the inmate to review legal resources at
the legal resource center or check out legal
resources for a designated period
If books are checked out, log in the Book Check-out Log in
the Access to Courts database.
Paralegal Staff 3
If the inmate is unable to read or write English, or suffers
from physical or cognitive impairment which renders the
inmate incapable of writing or filling out Access to Courts
Requests, the paralegal shall provide the necessary
assistance to the inmate to complete the authorized court
filings.
Paralegal Staff 4
If the inmate does not understand English, do any of the
following to assist the inmate:
• Arrange for an IDOC staff member to interpret
• Arrange for another inmate to interpret
• Access interpretation from an alternative source,
such as utilizing the AT&T Language Translation
Service; Language Line Services
Inmate 5 Complete the claim for filing with the court
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7. Mailing and Photocopying Court Documents and Legal Mail
Photocopying privileges from inmates have the following conditions:
• Inmates (excluding indigent inmates) are charged $.10 per page for copies
• Inmates (unless indigent) should use their own envelopes for court filings. However,
to meet a court filing deadline, an inmate may purchase envelopes from the legal
resource center at the equivalent commissary price. If an inmate is indigent, there is
no charge for envelopes.
• Page limitations on pleadings may be enforced in accordance with court rules and
court orders.
Procedures for Filing Pleadings and Other Documents with a Court
Functional Roles and
Responsibilities Step Tasks
Inmate 1
Complete the documents, forms, or pleadings to be
photocopied and mailed.
Submit the Access to Courts Request Form to the paralegal
staff for copies, notary, and mailing services as needed.
Complete an Inmate Personal Funds Withdrawal Slip if not
indigent. Place the signed form in the designated lock box.
If in need of either form listed above, see a paralegal or
other facility head-designated staff member.
Paralegal Staff
2
Meet with the inmate, if necessary.
Determine those documents authorized for photocopying in
accordance with the SOP.
Notarize the documents that require a notary.
Photocopy the documents as required by court rules.
3
Within two business days of completing the request,
forward the Inmate Personal Funds Withdrawal Slip to the
facility financial specialist or designee for processing. If the
inmate is indigent, you do not need to complete a
withdrawal slip nor charge the inmate for photocopying the
documents.
4
Complete the Outgoing Legal Mail Log (Access to Courts
database) and if needed, the Notary Services Log.
Forward the legal mail to the mailroom for postage and
mailing or file electronically, if applicable.
8. Authorized Photocopies
Authorized photocopies are:
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• Documents and all attachments for qualified legal claims, as identified in this SOP,
that are ready to be filed with a court and served on the opposing party
• A completed Power of Attorney signed by the inmate and notarized
• A photocopy of an inmate’s legal mail log maintained by the prison legal resource
center for a specific date or date range (not to exceed five days) to document to a
court when a filing was presented to the prison legal resources center for mailing.
Standard photocopying charges will apply with the exception of the copy to be filed
with the court.
• An inmate may request a certified copy of his/her Inmate Trust Account Statement to
attach to required legal pleadings if seeking a waiver of court fees under Idaho Code
§31-3220A, or appeal under Idaho Appellate Rule 24(h), or if seeking In Forma
Pauperis status for the U.S. District Court under 28 USC §1915.
• An inmate requesting either a legal mail log or an Inmate Trust Account Statement
must submit an Access to Courts Request Form to the facility paralegal according to
the process identified in this SOP. Unless the inmate is indigent, a charge of $.10 per
page will be assessed. The following information must be included with the inmate’s
request:
o A prepared Inmate Personal Funds Withdrawal Slip for the cost of the
certified copy (unless indigent)
o The date range required by the court – six months for a federal filing and
twelve months for a state filing. The legal resource center paralegal will affix a
certification stamp to each page of the inmate’s trust account statement or
the mail log, if the document consists of more than one page.
If there is a question regarding the documents or attachments to be filed or served on an
opposing party, the paralegal staff will determine the documents needed and number of
copies necessary based on court rules or by contacting the court.
If an inmate is served with a summons and complaint that requires a response per Idaho
Rules of Civil Procedure or Federal Rules of Civil Procedure, the inmate will be provided
with the opportunity to file a response. Paralegal staff must provide mailing and
photocopying services consistent with court filing requirements.
Class Action and Multiple Inmate Legal Actions
When inmates jointly file documents and attachments with a court as co-plaintiffs
(parties to the same legal action) photocopies must not be made for all parties to the
legal action. Instead, a full photocopy must be maintained in the legal resource center.
However, the inmate who filed the legal action with the court has the option of paying for
one additional full photocopy as his/her personal copy. Upon request, all other parties to
the legal action may review the photocopy maintained in the legal resource center.
Photocopies of subsequent filings in that case are placed with the previous photocopy
maintained in the legal resource center so a complete record of the legal action is
available.
If an inmate who is a party to the legal action is transferred to another facility, a full
photocopy of the filings may be made for that inmate at his/her own expense. However,
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if the inmate meets the requirements to be considered indigent as defined in SOP
402.02.01.001, Mail Handling in Correctional Facilities, a full photocopy may be made for
that inmate upon his/her request at no expense to the inmate.
9. Service of Documents upon Opposing Parties
Service of a summons and complaint by mail is not effective service in a state of Idaho court
matter.
Service on the IDOC, Idaho Board of Correction, Idaho Commission of Pardons and
Parole, or Any Employee Thereof
An inmate must neither attempt, nor cause another inmate acting on his behalf to
attempt to personally serve any legal document on the IDOC, the Idaho Board of
Correction, the Idaho Commission of Pardons and Parole, or any employee thereof.
Service on the IDOC, the Idaho Board of Correction, the Idaho Commission of Pardons
and Parole, or any employee thereof, by an inmate or member of the public, must be
made by personal service upon a deputy attorney general (DAG) representing the IDOC.
Service upon a deputy attorney general must be in accordance with applicable rules and
take place at the Idaho Department of Correction Central Office, located at 1299 N.
Orchard, Suite 110 Boise, ID 83706.
Service on any other person or entity is to be by personal service and is the sole
responsibility of the inmate.
10. Access to Courts Supplies for Indigent Inmates
Indigent status is defined in SOP 402.02.01.001, Mail Handling in Correctional Facilities. If
an inmate does not meet the requirements as defined to be considered indigent, the
paralegal or other facility head-designated staff member must ensure the inmate is able to
access the courts in accordance with this SOP. This may include providing the inmate with
indigent supplies, photocopying documents for the inmate, or providing postage, if
necessary. For example, if an inmate has one dollar and twenty cents ($1.20) in his inmate
trust account and needs to make 30 photocopies of a motion and mail it to the court to be
filed, the paralegal or other facility head-designated staff member must accommodate the
request even though the inmate does not have enough money in his account to cover the
full expense of photocopying and mailing the motion.
Indigent supplies are:
• Blank paper for preparing court filings (no more than 25 sheets in an inmate’s
possession at any time)
• Envelopes for mailing to the court and opposing parties at the time of filing or to a
verifiable attorney of record
• One security pen (black link only) on an exchange basis
To ensure court filings are in the proper format, all inmates should use preprinted forms
provided by the legal resource center when available. Blank sheets of indigent paper must
have the facility name and the term ‘indigent legal paper’ printed in the bottom left corner of
at least one side of the paper to identify it as paper that has been authorized for legal work.
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If the inmate is misusing or wasting the indigent supplies issued to him/her, the facility head
or designee may limit the number of indigent supplies the inmate has on hand or is issued.
Procedure to Obtain Indigent Supplies
Functional Roles and
Responsibilities Step Tasks
Inmate 1
Request indigent supplies using the Access to Courts
Request Form
If in need of the form, contact unit staff or the legal resource
center paralegal
Paralegal Staff
2 Determine what indigent supplies are needed
3
Enter the individual items in the legal resource center
Indigent Inmate Supplies Log and Access to Courts
database
4 Issue the indigent supplies to the inmate
11. Inmates who are Unable to Complete Forms
An inmate who believes he/she needs help completing qualified legal claim forms (as
defined in section 4) may request assistance from the legal resource center paralegal.
12. Inmate-to-Inmate Assistance
Inmates may assist one another with legal work if they meet all the following conditions:
• Both inmates must have access to one another during normal facility operations.
• An inmate cannot possess another inmate’s legal materials.
• An inmate must not receive any item, compensation, or service for helping another
inmate with legal work.
• An inmate must not represent another person in any legal proceeding.
WARNING!
Inmates must not engage in the unauthorized practice of law. (Idaho Code, section 3-420; and in Re:
Matthews, 58 Idaho 772.) Inmates may be referred to the Idaho State Bar for prosecution for the
unauthorized practice of law. Any inmate caught engaging in the unauthorized practice of law will be
prohibited from assisting any other inmate.
13. Telephone Hearings and Attorney Telephone Calls
Telephone Hearings
If the inmate fails to provide 24-hour notice to the IDOC, legal resource center staff will
facilitate the call, if possible.
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Functional Roles and
Responsibilities Step Tasks
Facility Head 1 Designate an area(s) for telephone hearings
Inmate 2 Provide a copy of the court order or notice of hearing to the
paralegal at least 24 hours before the telephone hearing
Paralegal Staff
3
Review the court order or notice of hearing
Ensure the inmate is scheduled or made available at the
time of the telephone hearing
4 Facilitate the telephone hearing call at the appropriate time
5 Log the call using the Individual Activity Log (Access to
Courts database)
Inmate 6 Participate in the telephone hearing
Attorney Phone Calls
Inmates may place unmonitored telephone calls to their attorney using the inmate
telephone system. If an inmate is unable to place a direct call to this attorney using the
inmate telephone system, the inmate may contact the attorney by mail and request the
attorney call the facility paralegal staff and ask to arrange a telephone call from the
inmate to the attorney. An attorney or attorney’s staff member may contact the facility
paralegal to arrange a time for the inmate to call the attorney as follows:
Functional Roles and
Responsibilities Step Tasks
Attorney or Agent 1
Contact the facility legal resource center
Request an attorney telephone call with the inmate
Paralegal Staff
2 Log the request using the Individual Activity Log (Access to
Courts database)
3
Prepare a legal resource center Attorney Telephone Call
Request Form to forward to the inmate with the name of the
attorney, the telephone number to call, and the date and
time the attorney telephone call is to be placed
Inmate 4 Place the attorney telephone call from an inmate phone
14. Searching of Legal Material
Information regarding the search of inmates’ legal material is in SOP 317.02.01.001,
Searches: Cell/Living Unit, and Inmate. If feasible, paralegal staff should participate in the
search of inmates’ legal material.
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15. Storage of Excess Legal Materials
Each facility head must identify a secure area for storing an inmate’s excess legal materials.
For the purpose of this SOP only, ‘secure storage’ means an area in a legal resource center
or another part of the facility that can be locked, and where inmates and unauthorized staff
do not have access.
The IDOC will only store legal materials related to active and ongoing qualified legal claims
that cannot be contained in an inmate’s authorized personal property. The amount of
storage space needed must be taken into account when considering an inmate’s request to
store excess legal materials that are referenced in the inmate’s active and ongoing litigation.
The IDOC will not store excess legal materials, multiple copies of pleadings, research
materials, or materials not directly related to the inmate’s active and ongoing litigation.
If an inmate receives legal material in an electronic format, such as a CD or thumb drive,
these items are required to be stored in a lockable container in the facility legal resource
center. In the event the inmate has a need to review the materials contained on the
electronic device(s), he/she may submit an Access to Courts Request Form to the facility
paralegal, wherein a time will be scheduled to reserve a computer on which to view the
material. At no time will copies be made of the electronic materials, unless specific
documents are needed to be attached to a court filing for a qualified legal claim.
Legal materials remaining after the inmate has been released must be disposed of in
accordance with SOP 320.02.01.001, Property: State-issued and Inmate Personal Property.
If the inmate has paroled, any legal material left at the facility must be forwarded to the
inmate’s new address and documented in the offender management system (OMS) in
accordance with SOP 320.02.01.001.
Annually, paralegal staff must review stored excess legal materials with the inmate present.
If it is determined during this review that materials being stored are no longer associated
with active and ongoing litigation, the facility paralegal will advise the inmate of his/her
options for disposition of these excess materials. Validation and determination will be
accomplished by using ICourts, the U.S. District Court for the District of Idaho Electronic
Case File System (ECF), or through the 9th Circuit Court of Appeals website. The paralegal
will initiate the process of advising the inmate of his/her options for disposition of the excess
materials and begin that process. If the inmate cannot be present, paralegal staff must
document the reason in the inmate’s Individual Activity Log.
Each facility must develop a field memorandum to describe the process for inmates to store
and retrieve their excess legal materials, and a process to inventory the material. This would
also include a process for requesting to review stored electronic legal materials. The division
of prison’s access to courts coordinator should be contacted to provide guidance to facility
staff in the development of the field memorandum.
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Process Steps: Storage of Excess Legal Materials
Functional Roles and
Responsibilities Step Tasks
Inmate 1
Complete a legal resource center Request to Store Excess
Legal Materials Form
Submit it to housing staff for verification
If in need of the form, contact the paralegal or housing unit
staff
Housing Unit Staff 2
Verify the legal materials are in excess of the allowable
three cubic feet of personal papers and legal materials
allowable per SOP 320.02.01.001, Property: State-issued
and Inmate Personal Property
Complete the submitted legal resource center Request to
Store Excess Legal Materials Form and return it to the
inmate
Inmate 3
Submit the completed legal resource center Request to
Store Excess Legal Materials Form to paralegal staff or
other facility head-designated staff member
If there are no case numbers, titles, court information, or
required signatures on the form, paralegal staff or the
facility head-designated staff member will return the form to
the inmate and the process ends here.
If needed, the paralegal staff or facility head-designated
staff member may provide a box to store an inmate’s
excess legal materials. If the inmate wants to organize
his/her excess legal materials when storing them, it is their
responsibility to purchase organizing materials from
commissary and organize their excess legal materials
before storing them.
Paralegal Staff 4
Verify case numbers, titles, court information, and whether
required signatures are provided to determine eligibility for
storage
If this information is not submitted, return the form to the
inmate and end the process here until the required
information is submitted.
If this information is submitted, go to step 5
Paralegal Staff 5
Inform the inmate when to bring the excess legal materials
to the secure storage location
If needed, the paralegal may provide the inmate with a box
to store excess legal materials.
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Functional Roles and
Responsibilities Step Tasks
Paralegal Staff
6
In accordance with SOP 320.02.01.001, Property: State-
issued and Inmate Personal Property:
• Search the excess legal materials for
unauthorized items
• Dispose of the unauthorized items in
accordance with SOP 320.02.01.001
7 Clearly mark and identify each file folder, envelope, or box
with the inmate’s name, address, and IDOC number
8 Create an inventory sheet for documenting and tracking the
excess legal materials
16. Attorney Access
Attorney access is explained in SOP 604.02.01.002, Attorney and Professional Individual
Access to Inmates.
17. Access to Courts Procedures for Facilities without a Legal Resource Center
Inmates housed at St. Anthony Work Camp (SAWC), North Idaho Correctional Institution
(NICI), South Boise Women’s Correctional Center (SBWCC), or a community reentry center
(CRC) must use the assigned legal resource center listed below to provide inmates access
to court services. The facility head or designee must designate a facility staff member to
help inmates with general, day-to-day operational issues regarding access to courts matters.
The division of prison’s access to courts coordinator may take temporary (up to 60 days)
reassignments of this reporting structure to accommodate training or staff shortages. The
assigned paralegal at the facility that has a legal resource center must visit the facility
served that does not have a legal resource center at least once each month.
Legal Resource Centers
Legal Resource Center Facility Served
Idaho Correctional Institution Orofino (ICIO)
• ICIO
• NICI
• County Jails – District 1 & 2
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Legal Resource Center Facility Served
South Idaho Correctional Institution (SICI)
• East Boise CRC
• Nampa CRC
• SBWCC
• SICI
• Treasure Valley CRC
• County Jails – District 3, 4, & 5
Pocatello Women’s Correctional Center (PWCC)
• Idaho Falls CRC
• PWCC
• SAWC
• County Jails – District 6 & 7
Process Steps for Inmates Housed at Facilities without a Legal Resource Center
Functional Roles and
Responsibilities Step Tasks
Inmate 1
Complete the Access to Courts Request Form, asking the
facility head or designee for paralegal assistance,
services, or resources
If in need of the form, contact the paralegal or other facility
head-designated staff member
Facility Head or
Designee 2 Call the appropriate legal resource center and, if possible,
have the inmate talk directly to a paralegal
Paralegal 3
Tell the facility head or designee which services or
resources the inmate needs
Log the call using the Individual Activity Log (Access to
Courts database)
Facility Head or
Designee 4
Ensure the inmate receives the services or resources
Document in the electronic offender management system
(OMS), using the contact sheets, when the inmate
receives the services or resources
18. Record Retention
Paralegal staff must retain copies of access to courts forms, attachments, and other logs
and documentation identified in this SOP for five years for paper and seven years for
electronic records from the date of the record.
Control Number:
405.02.01.001
Version:
6.0
Title:
Access to Courts
Page Number:
16 of 17
Idaho Department of Correction
DEFINITIONS
Access to Courts Request Form: A printed form provided for inmates to make requests for
accessing Idaho Department of Correction (IDOC) provided legal resources or assistance
from IDOC paralegal staff.
AT&T Language Assistance Line: This is a contracted service that provides translation
services in over 170 languages 24 hours a day, 7 days a week. All facility legal resource
centers are provided with the information necessary to be able to utilize this service.
Legal Advice: Refers to the written or oral counsel about a legal matter that would affect the
rights and responsibilities of the person (inmate) receiving the advice; applies a specific law
or legal theory to a particular set of circumstances. Actual legal advice requires the careful
analysis of the law as it applies to a person’s (inmate) specific situation.
Legal Mail: Confidential communication directly between (a) an inmate and an attorney (for
the purposes of seeking or providing legal services), (b) an inmate and the court, (c)
opposing parties for service of documents pursuant to court rules, or (d) third parties for
service of documents pursuant to court rules.
Legal Resources: Those statutes, codes, court rules, legal reference materials, and
publications provided by the Idaho Department of Correction (IDOC) for use by inmates on
legal matters.
Paralegal/Legal Assistant: An Idaho Department of Correction (IDOC) employee with
legal training or experience to assist inmates with (a) completing legal packets and forms,
(b) accessing IDOC-provided legal resources, notary services, and translator services, and
(c) to assist inmates in understanding the state and federal court system processes as they
relate to qualified legal claims.
Legal Resource Center: An area of a facility designated and approved by the facility head
where (a) legal resources are maintained, and (b) the photocopying and mailing of legal
materials are performed pursuant to written Idaho Department of Correction (IDOC) or
facility guidelines.
Unauthorized Practice of Law: The practicing of law by any person (a) who has not
become duly admitted and licensed to practice law within the state of Idaho; (b) whose right
or license to practice within the state of Idaho has been terminated either by disbarment,
suspension, or failure to pay license fees; or (c) who practices or presumes to act or hold
himself out to any other person as a person qualified to practice law, to include giving legal
advice and counsel, and the preparation of instruments and contracts by which legal rights
are secured, although such matter may or may not be pending in a court.
REFERENCES
Federal Rules of Civil Procedure
Idaho Code, Section 3-420, Unlawful Practice of Law – Penalty
Standard Operating Procedure 317.02.01.001, Searches: Cell/Living Unit, and Inmate
Standard Operating Procedure 320.02.01.001, Property: State-issued and Inmate Personal
Property
Standard Operating Procedure 402.02.01.001, Mail Handling in Correctional Facilities
Control Number:
405.02.01.001
Version:
6.0
Title:
Access to Courts
Page Number:
17 of 17
Idaho Department of Correction
Standard Operating Procedure 503.02.01.001, Telephone and Electronic Communications:
Inmates
Standard Operating Procedure 604.02.01.002, Attorney and Professional Individual Access
to Inmates
State v. Mathews, 58 Idaho 772, 79 P. 2d 535, (1938)
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