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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
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Experience:  Since 1983
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If a Indiana Prison is locked down can the prison refuse the

Customer Question

If a Indiana Prison is locked down can the prison refuse the inmates visits from their attorneys?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 8 years ago.
I have not found a clear yes or no answer but my opinion is No. The prisoner and the attorney have the right to speak with each other. The prison is interfering with the right to counsel by preventing the lawyers from meeting their clients. And interfering with the rights of the lawyers to practice their profession.
See Keker v. Procunier, 398 F.Supp. 756.

Attorneys brought civil rights action against officials of state correctional system alleging that certain prison practices interfered with their right to practice their profession. On defendants' motion to dismiss, the District Court, MacBride, Chief Judge, held that prison practices requiring attorneys to meet with their client in hot interview room separated by a glass partition, communicate via telephone and be subject to continual surveillance by guard constituted an interference with their right to practice their profession; that attorneys had standing to allege that such practices violated their client's Sixth Amendment right; that such practices did not constitute cruel and unusual punishment; and that complaint which alleged that acts of state officials were malicious, intentional and deliberate was sufficient to state claim for punitive damages.

The prison can make reasonable rules for security, but cannot punish inmates by depriving them of the right to meet their attorneys. Obviously no visits would be allowed during a prison riot.

I hope this information is helpful.
N Cal Attorney and other Criminal Law Specialists are ready to help you
Expert:  N Cal Attorney replied 8 years ago.
Thank you for accepting my answer, and for the bonus. I found my other file on this:

"[A] lawyer has standing to challenge any act which interferes with his professional obligation to his client." Keker v. Procunier (E.D.Cal., 1975) 398 F.Supp. 756, 760.
In the case of In re Gallagher on behalf of Qualls (1943) 58 Cal.App.2d 330, it was held proper for an attorney to file a petition for writ of habeas corpus in his own name in order to obtain an opportunity for private consultation with his client.

Counsel has a right of private consultation with his client. In re Snyder (1923) 62 Cal.App. 697. That right can be enforceId by a writ proceeding brought in the name of the attorney. Cornell v. Superior Court (1959) 52 Cal.2d 99

IC 34-25.5-1-1
Persons entitled to writ
Sec. 1. Every person whose liberty is restrained, under any
pretense whatever, may prosecute a writ of habeas corpus to inquire
into the cause of the restraint, and shall be delivered from the
restraint if the restraint is illegal.
Is very similar to California Penal Code

1473. (a) Every person unlawfully imprisoned or restrained of his
liberty, under any pretense whatever, may prosecute a writ of habeas
corpus, to inquire into the cause of such imprisonment or restraint.

The point is that the lawyer is being deprived of liberty under some pretense, and may be able to file a habeas petition in his own right.
I know the feds generally do not allow habeas petitions by anyone who is not in custody and many States follow that rule. But apparently Indiana follows the common law, as does California.