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Introduction
Concerned that incarcerated felons lacked access to lawyers to handle civil matters, the New York State Bar Association, in 1976, took the initiative to establish PLS. One year later, the United States Supreme Court ruled that the states have an affirmative obligation to ensure that convicted felons have adequate, effective and meaningful access to courts, Bounds v.Smith, 430 U.S. 817 (1977).
A grant from the Law Enforcement Assistance Administration (LEAA) enabled PLS to begin its mission in 1976. In 1978, the State of New York began to fund the program. PLS now has lawyers and paralegals in four different offices throughout the State.
The Attica Uprising
September 13, 1971, has come to be known as the day when “the bloodiest prison confrontation in U.S. history” occurred1. This was the day when then-Governor Rockefeller ordered state law enforcement agents to forcibly retake control of the Attica prison. Beginning on September 9, 1971, with a scuffle between two prisoners, tensions rose when rumors spread that the two prisoners, who had been placed in isolation, would be tortured. The situation escalated and the following day a group of over 1000 prisoners took control of the prison. When the state police arrived, they managed to regain control of a portion of the prison but the prisoners remained in control of cellblock D holding 40 hostages2. Their demands were soon made public3. Among them were demands to end slave labor, racism, brutality and segregation due to political beliefs. They also demanded that they be allowed to practice their religion and be provided legal representation at their parole board hearings, be provided better living conditions and be given full amnesty for their present actions. “If we cannot live as people, then we will at least try to die like men,” declared one of the inmate spokesmen.
The prisoners, and many of the negotiators and observers, including Russell George Oswald, the State’s Commissioner of Correctional Services, urged then-Gov. Rockefeller to come to Attica and talk to the prisoners in person. Gov. Rockefeller refused and, after four days of negotiations, on the morning of September 13, 1971, Gov. Rockefeller gave the order for the takeover.
In the end, ten hostages and twenty-nine inmates died. All of the hostages died from gunshots inflicted by state troopers and guards.
As a result of the uprising, a special state Commission was created to investigate and repot on the incident. Robert B. McKay, Dean of New York’s University Law School from 1967-1975, was chosen to Chair the Committee4. In September 1972, after dozens of hearings, the Commission issued its report: Attica: The Official Report of the New York State Special Commission on Attica5. In what has come to be commonly referred to as “The McKay Commission Report,” the Commission chastised New York State prison authorities for their poor planning and their quick embrace of lethal methods to subdue rebelling prisoners; it criticized Gov. Rockefeller for his failure to visit the prison before ordering an armed assault of the facility and it found that inmates needed a safety valve - a mechanism to air grievances - a window to the outside - a voice.
Prior to the Attica riot, there was “no meaningful program of education” and “idleness” was the “principal occupation.” Prisoners were paid between 30 cents to 50 cents a day to work in the metal shops which produced a state annual profit of $150,000.00. Prisoners were only allowed to shower once a week and were limited to one roll of toilet paper every five weeks. Prisoners were forced to march in silence to their work and to the mess hall and no contacts visits were allowed.
The Creation of Prisoners’ Legal Services
Four years after the McKay Commission Report was issued, and in response to recommendations made in the Report, the NYS Bar Association submitted a grant application to the Law Enforcement Assistance Administration (LEAA) to develop a plan for providing a comprehensive program of legal services to inmates. The NYS Crime Control Planning Board approved the Bar Associations’ grant application and PLS opened its doors in 1976.
In 1976, with an operating budget of just over 1 million dollars, PLS employed 35 attorneys and 10 legal assistants to serve a prison population of slightly more than 16,000. This worked out to a ratio of one lawyer to every 450 inmates. Our funding was increased to approximately 1.5 million in 1977.
In 1977, the Supreme Court issued its decision in Bounds v. Smith, 430 U.S. 817 (1977)6, in which it held that prisoners are entitled to access to the courts. In response, in 1978, the Governor of New York requested appropriation of $1,000,000.00 for PLS. The money was allocated and a contract for the provision of inmate legal services was executed between PLS and the Department of Criminal Justice Services (DCJS).
PLS has received state funding to provide legal services to indigent prisoners every year since 1978 except for 1998 when Governor Pataki vetoed our funding and forced us to close our doors. In 1999, the New York State Assembly came to our aid and restored funding to PLS.
The American Bar Association recommends a ratio of one lawyer to every 400 individuals. In 1978, the ratio of PLS attorneys to state prisoners was 1:900. In the 1980’s, PLS received increases in its funding due to the increased prison population and was able to reduce the attorney client ratio. Unfortunately, in the 1990’s, although the prison population continued to grow, PLS’ funding was reduced resulting in an average attorney client ratio of 1:2100. Further reductions over the years have resulted in a current attorney-client ratio of 1:5041.
Benefits of PLS
By assisting inmates with legal problems, PLS ensures equal access to our system of justice. Most importantly, helping inmates resolve their problems reduces the tension and anxiety inevitably associated with imprisonment and also fosters a sense of fairness. In fact, various studies have concluded that Prisoners’ Legal Services programs make significant positive changes in prisoners’ attitudes and behavior. PLS also engages in significant client educational efforts including the publication of a quarterly newsletter, Pro Se, which is distributed free to New York State prisoners through a grant from the New York State Bar Foundation. Pro Se advises prisoners of changes in the law, provides practice pieces to assist them in complying with statutory and regulatory requirements, and explains technical aspects of various laws affecting prisoners. Thus, the availability of PLS is important as a matter of sound correctional policy. Possibly the greatest value of the program is that it may help to avoid the development of the kind of conditions which led to the Attica riot in 1971.
Assisting inmates also benefits the Department of Correctional Services (DOCS). On behalf of its clients, PLS acts as a catalyst for constructive policy and programmatic changes. The courts, too, are benefitted. By discouraging the initiation of certain litigation, the time of the courts can be conserved (as well as that of DOCS personnel and the Attorney General’s office which represents DOCS). By representing inmates with claims meriting the courts’ attention, PLS articulates the complex factual and legal issues involved, thereby promoting the courts’ understanding of prisoners’ complaints and increasing the likelihood of a just result.
History of Attorney/Client Ratios since 1976
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Year
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Ratio
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1976
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1 to 450
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1978
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1 to 900
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1980’s
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1 to 777
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1990’s
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1 to 2100
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2008
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1 to 4700
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2009
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1 to 5041
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Types of Cases Handled
The cases handled by the program include prison problems involving disciplinary procedures, medical care, guard brutality, mental health care, conditions of confinement, sentence computation, parole and jail time credit. Most cases are resolved administratively; however, litigation including impact and class action litigation is commenced when appropriate.
Footnotes:
1 http://www.pbs.org/wgbh/amex/rockefellers/peopleevents/e_attica.html
2 http://www.americanheritage.com/articles/web/20050913-attica-prison-hostages-new_york_print.shtml
3 http://www.brown.edu/Departments/African_American_Studies/JJames/incarceration/attica_manifesto.pdf
4 http://www.time.com/time/magazine/article/0,9171,903593-1,00.html
5 http://www.talkinghistory.org/attica/mckay.html
6 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=430&invol=817
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