HARRISBURG, Pa. – Photocopying mail from attorneys to incarcerated clients violates the First Amendment, according to two lawsuits filed against the Pennsylvania Department of Corrections.

The policy was instituted as part of a crackdown on visitation and mail sent to prisoners.

All mail, including mail from attorneys, is photocopied, the DOC keeps the originals for 45 days and gives the copies to inmates.

The restrictions were instituted after corrections officers were exposed to an unknown substance when handling mail.

But attorneys are legally required to keep communications with their clients confidential, and according to Sara Rose, a senior staff attorney with the ACLU of Pennsylvania, the courts are very clear on this issue.

"Retaining opened mail outside of a prisoner's presence violates the First Amendment because it chills their expression by making them concerned about whether the communications with their attorneys will be kept confidential," she explains.

The DOC maintains the policy is intended to stop drugs from entering prisons, but the attorneys say DOC has shown no evidence that legal mail is a source of illegal drugs.

Keith Whitson, an attorney with the law firm Schnader Harrison Segal and Lewis, points out that since the policy went into effect, prisoners have been advised not to correspond with their attorneys through the mail.

"Instead, attorneys have been forced to travel all over the state to meet with their clients personally each time they need to discuss anything,” he relates. “These are nonprofit organizations that do not have the staff and resources to continue in-person visits for all such communications."

Alexandra Morgan-Kurtz, an attorney with the Pennsylvania Institutional Law Project, says her organization works with people who are held in DOC facilities throughout the state. But since this policy went into effect, her firm has been unable to communicate with many incarcerated clients.

"We have a growing pile of people who now have absolutely no legal advice from anyone because we simply don't have the time to call each and every one of the hundreds of people who have reached out to us for help," she states.

The two cases, one on behalf of four organizations and one on behalf of a person in prison, were filed in the Federal District Court for the Middle District of Pennsylvania.


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On Tuesday, President-elect Donald Trump called on the U.S. Senate to stop confirming President Joe Biden's nominees to federal judgeships, even as civil rights groups are pressing for the opposite.

Some 26 of Biden's nominees still need Senate approval; five of them from California.

Lena Zwarensteyn, senior director of the fair courts program for the Leadership Conference on Civil and Human Rights, is part of a coalition that recently wrote to senators, urging them to prioritize Biden's nominees.

"There are about 900 lifetime judges," Zwarensteyn explained. "The first Trump administration had 234 confirmations. We could be facing that again, which would mean more than half of the judiciary may end up being judges who have been appointed by the incoming president."

The Biden administration has confirmed 218 judges over the past four years, and the Senate has scheduled multiple votes this week. Republicans have taken votes to slow the process down but Democrats are motivated to get it done before they lose the majority in January.

Zwarensteyn noted federal judgeships are lifetime appointments.

"Every single one of the seats that we can fill now hopefully will be with somebody who is fair-minded, ethical, and does have a commitment to everybody's rights," Zwarensteyn stressed. "I think this is an important guardrail for our democracy, especially knowing the threats ahead."

Federal judges often make highly consequential decisions on topics including educational equity, immigration, fair pay, access to health care and the constitutionality of book bans.


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A North Carolina group is launching a new campaign to emphasize the importance of investing in people behind bars, so they'll have a better chance for normal lives when they're released.

The "Incarcerated Lives Matter" campaign is from Recidivism Reduction Education Programs Services, which advocates for programs like work release, vocational training and cognitive behavioral therapy as key tools for rehabilitation.

Kerwin Pittman, executive director of the group, said the goal is to challenge the belief harsher penalties create safer communities.

"It just won't work," Pittman asserted. "Dispelling that narrative that 'locking them up and throwing away the key' is the way to combat or the way to have public safety, it's not. It's investing in incarcerated people."

A study by The Sentencing Project confirms "tough-on-crime" laws like mandatory minimum sentences often cause more harm than good, and offer no significant benefit to reducing crime. To spread its message, the campaign has placed a billboard near Johnston Correctional Institution, which reads, "Incarcerated Lives Matter. We see you. We care."

The campaign also highlighted two major obstacles faced by people when they are released from prison: economic instability and the lack of housing. Pittman explained helping them get training and find meaningful work is crucial for their successful reintegration into society. He noted one priority is to revitalize work-release programs that have suffered since the pandemic.

"Since COVID happened, everybody had to stay home," Pittman recounted. "A lot of jobs that individuals were able to have while incarcerated, they lost. And those jobs, frankly, just never bounced back. And so, what we have to do now is go out and identify 'second chance' employers across the state, and match them with individuals who are incarcerated but who are eligible for work-release."

Pittman stressed work-release programs, coupled with vocational training, are keys to empowering people to earn a livable wage and stay employed after release. The campaign also plans to help people gain certifications to open doors to stable careers, making reintegration smoother and reducing the likelihood of reoffending.

A man who once faced the harsh realities of Alabama's criminal justice system is now working to ensure others in Mobile County do not have to endure the same struggles.

Chris "Champ" Napier, client advocate for the Mobile County Public Defender's Office, said before becoming an advocate he experienced firsthand the inequities between those who have money and those who do not. He pointed out in the legal system, a lack of financial resources significantly affected the outcome of his case.

"It's based on socioeconomic background," Napier explained. "I'm from a poverty-stricken area; I couldn't afford an attorney. So, the person that was sentenced the same day I was sentenced, because his family had money, he had a similar crime ... I was sentenced to life. He was sentenced to 20 years."

Napier said his personal journey fuels his commitment to leveling the playing field for people who cannot afford a private attorney. In Alabama, 59 of the state's 67 counties rely on court-appointed private attorneys or flat-fee contract lawyers to represent those who cannot pay for legal counsel, rather than having a public defender's office. Napier argued the system leaves many low-income defendants at a disadvantage.

While incarcerated, Napier noted he witnessed how systemic inequalities continued behind bars. He explained one example is the exploitation of prison labor.

"They have factories in prison where they pay the inmates 30 cents an hour but once those inmates are released, they can't get a job at those facilities," Napier observed. "It's really another form of economic exploitation."

Napier emphasized the disparities only deepened his resolve to educate himself while incarcerated. After 14 years in prison, he was paroled. Now, he works to build trust between the office and the community it serves.

"I get to go to the jails and talk to our clients on a one-on-one basis and use my experience -- my pain and my expertise -- to show them that change is possible," Napier stressed. "To show them that they can trust the attorneys in our office."

The Mobile County Public Defenders Office was created four years ago, in response to calls from organizations like Faith in Action Alabama, which recognized the urgent need for a public defender system to serve the most vulnerable in the community.