The Department of Corrections ensures that all inmates have direct access to the courts in all legal claims involving direct appeals from the conviction for which they are incarcerated, habeas petitions, civil rights actions, or conditions of confinement. The Department facilitates this access by making forms and specific legal assistance available to the inmate population. The system is designed to maximize inmates' opportunity to present legal claims pertaining to the aforementioned legal claims to the State or Federal court, in a quick, efficient manner, with no barriers. This Department Order establishes the process to be used by inmates for gaining access to the courts and also describes the role of all parties involved. This Department Order sets forth all affirmative steps that the Department shall take to assist inmates in obtaining access to the courts. This process does not affect the inmates' ability to independently pursue actions on their own or to obtain outside counsel to represent them.

The Legal Access Monitor shall monitor this inmate legal access to the courts system in all facilities to ensure that the assistance provided to inmates by contract Paralegals conforms to all Department written instructions and contract provisions.

902.01    SYSTEM OVERVIEW - Inmates shall have direct access to the courts through the mail.

1.1    Qualified Legal Claims (See DEFINITIONS) - Inmates who do not feel able to draft pleadings or to complete District Court/state forms without assistance may:

1.1.1    Contact an attorney directly, at the inmate's expense.

1.1.2    Request the court to appoint an attorney to represent them.

1.1.3    Obtain active assistance through the Department from contract Paralegals. (See section 902.04)

1.2    Non-Qualified Legal Claims - The Department may not actively assist inmates in the filing of documents not involving civil rights, conditions of confinement, appeals from conviction or habeas petitions. Inmates who desire assistance filing pleadings or petitions in matters not related to civil rights or conditions of confinement, appeals from conviction or habeas petitions may seek assistance of counsel, the courts or other assistance outside the Department. The Department may provide passive assistance as noted below:

1.2.1    Inmates may use legal texts and resource materials, as provided in section 902.02 and identified in Attachment A.

1.2.2    Inmates may request from the Paralegal or designated staff the address of any Arizona Court above the level of Justice of the Peace courts and selected Federal Courts. (See Attachment C for Federal Courts. State Court material is in the Forms packet as identified in Attachment B.)

1.3    Legal Research - No provision is made in this system for extensive, generalized legal research.

1.4    Inmate Legal Assistants and Law Clerks - There is no provision in this Department Order for an inmate legal assistance program. The Department shall take no affirmative steps to assist inmates helping other inmates with qualified legal claims. Inmates are prohibited from assisting other inmates with non-qualified legal claims.

1.5    Right to Retain Counsel - This system does not interfere with an inmate's right to retain counsel, to the extent that the inmate can afford counsel and is willing to pay for the services of an attorney.

1.5.1    Inmates may, of course, avail themselves of pro bono services of a court-appointed attorney.

1.5.2    Nothing in this system suggests that inmates may retain someone other than a licensed attorney for legal purposes.

1.6    Access to Legal Resources - All institutions shall provide access to the required legal resources. Smaller stand-alone units such as SACRC and Picacho may transport inmates to an institution that has the required legal resources, or shall provide storage areas for legal resources and materials in addition to the required work space, in accordance with the local Institution Order.

1.7    Approved Department Forms and Other Documentation - Staff and inmates shall only use the Department forms authorized by this Department Order to request services or report information about this legal access system. Any other forms are null and void. If additional forms are required, they shall be developed and approved only in accordance with Department Order #114, Forms Management System.

1.1    The Legal Resources identified in Attachment A are presently available for inmate use. Any additions or deletions to the legal texts and resource material identified in Attachment A shall be subject to the Director's approval.

1.2    All legal reference texts and manuals available for use by inmates shall be kept in the Reserve/Reference section of the Unit Library, under the control of designated staff, and shall be used only in the Unit Library, with the exception noted in section 902.02, 1.3.2 of this Department Order.

1.2.1    Legal Resource Centers shall provide no legal resource material except for such material set forth in this Department Order.

1.2.2    The units are not required to possess and shall not possess older versions of the law. The centers do not provide archive services. Therefore, inmates requesting older versions of the law, for whatever reason, should be encouraged to contact the courts.

1.3    Inmates who visit the library may check out legal texts, manuals, and other legal reference material for a specified period of time within a given day, for use only in the library, in accordance with the Institution Order.

1.3.1    Each book shall have a check out card, on which inmates shall write their name and ADC number.

1.3.1.1    Inmates shall leave their identification card with designated staff, to be returned to them when they return the book.

1.3.2    Under special circumstances and in accordance with the local Institution Order, an inmate who is unable to visit the library may obtain legal texts and resources for use outside the library. Complex Detention Units (CDUs) and Protective Segregation Units shall maintain a legal resource library as prescribed in section 902.08. 1.3 and 1.3.1.

1.4    The Legal Contracts Monitor shall provide designated staff with a supply of current court forms as identified in Attachment B. The inmate shall pay for copies of these court documents in accordance with section 902.06.

1.4.1    Inmates may draft their own pleadings, motions and other legal documents.

1.4.2    Handwritten forms that are left incomplete shall not be considered qualified for copying.

1.6    The Department shall ensure that inmates have access to the name and address of the Arizona State Courts and Federal District/Appellate Courts. These addresses shall be made readily available to inmates, and shall be posted on library bulletin boards in each unit. One or more copies shall be kept in the Reserve/Reference section of the Unit Library for referral by inmates. These copies are not to be taken from the Reserve/Reference desk; however, if an inmate requires a copy, it may be purchased in accordance with section 902.07.

1.7    The Unit Deputy Warden may set aside a private room for the use of the Paralegal.

1.7.1    If requested by the Paralegal, a telephone with a speaker may be provided for use in tele-conferencing.

1.7.2    In all instances, designated staff, together with security staff, shall ensure that inmates who are meeting with Paralegals have space to prepare their legal actions.

1.8    The Department shall not make computers or typewriters available to inmates in the Unit Library for the purpose of enabling inmates to do legal work. Only inmates who have a qualifying disability may be provided a personal typewriter pursuant to a court order.

902.03   GENERAL RESPONSIBILITY - This inmate legal access to the courts system relies on five specific groups of individuals, with general responsibility as follows:

1.1    Designated Staff - These staff members shall be responsible for:

1.1.1    Cataloging and maintaining legal resources in the Reserve/Reference section of the Unit Library; signing out legal texts to inmates for use only in the library; keeping track of legal texts to prevent/minimize loss; making texts available for inmates who have limited access to the library; and maintaining records in accordance with Department Order #103, Correspondence/Records Control.

1.1.2    Coordinating, with institution staff and the Paralegal, the scheduling of appointments for inmates to meet with Paralegals (See Section 902.04) and ensuring that inmates are made aware of the date and time of their appointment.

1.1.2.1    Designated staff shall work closely with security/other staff to arrange for meetings between Paralegals and inmates. Paralegals shall be allowed to remain and work in the facilities in order to complete appointments.

1.1.3    Photocopying or supervising the photocopying of all qualified legal claims, non-qualified legal claims, and quasi-legal documents.

1.1.4    Processing inmate requests for services including: notary services, copies of the court forms identified in Attachment B and other chargeable services in accordance with section 902.06 and 902.07.

1.1.5    Facilitating the delivery of notary services, copies or other chargeable services in accordance with section 902.06 and 902.07.

1.1.6    Providing assistance to the inmate in properly completing Department forms, requesting assistance or having photocopies made.

1.2    Paralegals - Although not required to do so by law, the Department provides inmates with an opportunity to obtain assistance from qualified Paralegals (see definition), to facilitate their access to the courts.

1.2.1    Contract Paralegals shall be responsible for:

1.2.1.1    Assisting inmates who request assistance in the actual preparation of their initial pleadings or petitions for filing with the courts.

1.2.1.2    Providing bilingual services as required.

1.2.1.2.1    A tele-conference with a bilingual interpreter is permissible.

1.2.1.2.2    Certified interpretation is not required.

1.2.1.3    Providing notary services, paid for by the inmate, in accordance with section 902.06, to the extent required by court rules.

1.2.1.3.1    Non-qualified legal materials shall be notarized by authorized staff in accordance with the local Institution Order.

1.2.1.4    Making the determination as to what legal documents require photocopying and the number of copies to be made in matters involving qualified legal claims where the inmate is indigent. The Paralegal shall consult with the Legal Access Monitor if a question or problem arises. (See section 902.05)

1.2.1.5    Contacting the Legal Access Monitor if they have any questions themselves pertaining to the inmate access to the courts system.

1.2.1.6    Contacting the Warden or designee with questions concerning institutional activity, coordination, etc.

1.2.1.7    Providing inmates with copies of Court names and addresses at a cost of $.10 per printed side.

1.2.1.8    Complying with Department Orders and other Department written instructions, as identified in their contract, as well as the terms and conditions of their contract.

1.2.1.9    Recording their time in hours to the nearest tenth using the Paralegal Activity Log, Form 902-3, on a weekly basis, and forwarding a copy to the Legal Access Monitor on a bi-weekly basis.

1.2.1.10    Reviewing questionable outgoing legal mail to determine if it is actually legal mail. (Mail not addressed to an attorney, judge or court, but may be required by court order or statute.)

1.2.2    Contract Paralegals shall not:

1.2.2.1     Practice law, give legal advice, conduct legal search, represent an inmate or make referrals.

1.2.2.2    Aid inmates in any matter, legal, quasi-legal or non-legal that does not involve qualified legal claims. The contract paralegal may direct inmates to where they may find information in the resource center.

1.2.2.3    Assist inmates in qualified legal claims beyond the initial filing of their pleadings with the courts.

1.3    Legal Access Monitor - The Legal Access Monitor shall be responsible for:

1.3.1    Providing system-wide monitoring and operational oversight of the inmate legal access to the courts system.

1.3.2    Ensuring that the contract Paralegals are assisting inmates on matters involving qualified legal claims only and only at the initial pleading stage.

1.3.3    Resolving questions Paralegals and designated staff may have concerning the inmate legal access to the courts system.

1.3.4    Ensuring that the Paralegals are adhering to all contract provisions and Department written instructions in assisting inmates.

1.3.5    Visiting selected prison facilities to monitor the activities of the Paralegals, overseeing the operations of the inmate access to courts system, and reviewing legal resource material to ensure that it is up to date and complete.

1.3.6    Ensuring that accommodations and arrangements are being made for special needs inmates. (See section 902.08.)

1.3.7    Making recommendations to the Director to either purchase additional sets of legal resource materials or eliminate resource materials, as appropriate.

1.3.8    Reviewing Paralegal Activity Logs and billings for accuracy and determining the proper amount to be paid for work completed.

1.3.9    Reordering legal texts, as necessary, to replace missing texts and ordering updates as they become available from the publisher.

1.3.10    Performing other duties, as assigned.

1.7    ADC Attorneys shall be responsible for overseeing the tasks of the Legal Access Monitor and providing the Legal Access Monitor with direction.

1.5    Inmates - Inmates may use the resources available through this inmate legal access to the courts system.

1.5.1    The Department shall not establish an inmate legal assistant/inmate law clerk program, nor shall the Department take any affirmative steps in assisting inmates in helping other inmates with qualified legal claims.

1.5.1.1    Inmates who have been found charging or bartering in exchange for services, or who have been found to be creating a security problem or assisting inmates with non-qualified legal claims shall be disciplined and shall be precluded from helping other inmates in the future. No inmate shall be allowed to assist another inmate if the Warden or Deputy Warden determines that a potential or existing security problem has developed or may develop, or that allowing such assistance may detrimentally impact institutional resources.

1.5.1.2    Inmates shall not possess or store other inmates' legal paperwork in their cell or housing area.

1.5.2    Inmates shall mail legal materials in accordance with section 902.11.

1.5.3    Inmates shall attempt to resolve issues related to this inmate legal access to the courts system through designated staff before contacting the Legal Access Monitor.

902.04    PARALEGAL ASSISTANCE - Inmates may receive active assistance in the initial filing of pleadings involving qualified legal claims from contract Paralegals provided by the Department. (See Attachment D, Paralegal Assistance Request Process.)

1.1    Inmates desiring legal assistance from a contract Paralegal shall complete an Inmate Request for Paralegal Assistance, Form 902-1, available only from designated staff. The request shall include a plain, concise description of the qualified legal claim and the type of assistance requested. The Inmate Request for Paralegal Assistance form shall also be available in Spanish. Illiterate inmates shall contact designated staff, who shall help them complete the form. Inmates serving sentences pursuant to Interstate Corrections Compact and concurrent custody agreements shall make the request in accordance with section 902.04, 1.11.

1.1.1    If the issue involves § 1983 civil rights or conditions of confinement, the inmate shall have first attempted to resolve the issue through the inmate grievance process, in accordance with Department Order #802, Inmate Grievance System. The inmate shall attach a copy of the final disposition of the grievance to the initial request for assistance. If the inmate has not attempted to resolve the issue through the inmate grievance process, the Paralegal shall advise the inmate that the court will likely dismiss the inmate’s suit if the inmate fails to exhaust the administrative remedies available through the inmate grievance system.

1.1.2    If the issue involves Notice of Appeal from the Superior Court, a Rule 32 or habeas petition, the inmate shall include the appropriate legal documents/orders of the court out of the trial court record.

1.2    Once the inmate has completed his/her portion of the form, the form shall be given directly to designated staff or placed in a designated drop box or tray at the direction of designated staff in accordance with the local Institution Order.

1.3    Designated staff shall accept, sign and date the Inmate Request for Assistance, provide a copy to the inmate, and forward the request along with any attached documents to the Paralegal. Designated staff:

1.3.1    May fax the request and attachments (if any) to the Paralegal, using the designated fax machine. Material to be faxed shall not exceed 20 pages.

1.3.2    Shall charge the inmate the actual cost of faxing as determined by the Institution Order. The charge shall be the actual cost of the telephone connection.

1.3.2.1    The inmate shall prepare and submit an Inmate Request for Withdrawal, Form 905-1, to the designated staff prior to faxing. Inmates without the necessary funds shall be handled as specified in section 902.06, 1.1.

1.3.2.2    No faxing shall be permitted beyond that described in section 902.04, 1.3.2.

1.3.3    Shall not intercept or delay Inmate Requests for Assistance.

1.4    The Paralegal shall review each request and determine whether the matter described involves a qualified legal claim.

1.4.1    If it is unclear whether the issue involves a qualified legal claim and/or the Paralegal determines a meeting is appropriate, the Paralegal shall request that Designated staff, in consultation with the Paralegal, schedule a meeting with the requesting inmate to resolve the issue(s).

1.4.2    If the request does not involve a qualified legal claim, the Paralegal shall not provide assistance and shall return the request for assistance to the inmate through designated staff. If possible, the Paralegal shall direct the inmate to where assistance for a non-qualified claim exists.

1.5    The Paralegal shall keep a copy of the request.

1.6    Designated staff shall work with security staff and the Paralegal in scheduling days and hours when the Paralegal is scheduled to meet with inmates, based upon inmate population, the volume of requests, quick access, court deadlines and appropriate attention to security issues.

1.7    Designated staff shall schedule an appointment, in consultation with the Paralegal, and notify both the Paralegal and the inmate by completing the appointment section of the Inmate Request for Paralegal Assistance and forwarding a notification copy to the inmate and to the Paralegal. Designated staff shall keep the file copy of the request and forward a copy to the Legal Access Monitor.

1.7.1    Turn-outs for scheduled Paralegal meetings shall not be suspended except when a legitimate security concern exists to do so.

1.8    Paralegals shall meet with inmates to provide necessary assistance with preparation of the initial pleading for filing. However, for Arizona inmates in other states who are serving sentences pursuant to Interstate Corrections Compact or concurrent custody agreements and who, in accordance with section 902.04, 1.11, request assistance with the preparation of an initial pleading, the contract Paralegal shall ensure that one copy of the appropriate sections of legal references, forms and instructions are mailed to the inmate. The mailings shall be made by Program Services or Interstate Corrections Compact staff at the Offender Operations expense.

1.8.1    Paralegals shall not provide assistance beyond the initial filing stage. (See section 902.03, 1.2 for details concerning assistance provided by Paralegals.)

1.8.2    The Paralegal may authorize designated staff to copy documents in accordance with section 902.05 by completing the appropriate authorization requests.

1.8.3    The Paralegal may request additional meetings, as necessary. If additional meetings are required, designated staff shall schedule the meeting using a Paralegal Meeting Notification, Form 902-8.

1.8.4    The Paralegal shall be available on an as needed basis, based on number of requests, type of request and possible deadlines. The schedule shall be determined by the Paralegal and designated staff.

1.9    Staff shall not retaliate against an inmate for requesting assistance from a Paralegal or for exercising any other legal privilege pursuant to this Department Order nor shall they retaliate against an attorney, agent of an attorney or any other person for exercising any privilege pursuant to this Department Order.

1.10    Designated staff and/or Paralegals shall:

1.10.1    Direct questions concerning this inmate access to the courts system to the Legal Access Monitor.

1.10.2    Immediately report suspected abuses of this inmate access to the courts system to the Warden or Deputy Warden for review and resolution, ensuring that the Legal Access Monitor is also advised.

1.11    Arizona inmates in other states who are serving sentences pursuant to Interstate Corrections Compact and concurrent custody agreements may, upon written request addressed to the Offender Services Bureau Administrator, receive Paralegal assistance for a qualified claim. Upon receipt of the inmate’s written request, the Administrator shall notify the Legal Access Monitor. The Legal Access Monitor shall forward the inmate’s request to a contract Paralegal, who shall provide assistance, via the mail, for post-conviction relief claims and condition of confinement/civil rights claims that arose in Arizona. Any claim pertaining to conditions of confinement outside of Arizona shall be filed in the state where the inmate is confined. The mailings shall be made by Program Services or Interstate Corrections Compact staff at the expense of Offender Operations.

902.05    QUALIFIED LEGAL CLAIMS COPYING - (See Attachment E, Qualified Legal Claims Copying Process.) All requests for copying involving qualified legal claims, except as provided in section 902.05, 1.10, shall be reviewed by the Paralegal prior to copying by using the following process:

1.1    To request photocopies, the inmate shall complete the appropriate section of a Request/Authorization for Qualified Legal Claim Copying, Form 902-2, and shall submit the request with the documents to be copied attached (including a copy of the pleading if the documents to be copied are intended as an appendix), in person, to designated staff. Failure to attach sufficient documentation to enable the Paralegal to determine if documents are qualified may result in a delay. The Paralegal shall deny a request that is vague or does not substantiate a qualified legal claim. It shall then be necessary for the inmate to submit another request with sufficient documentation.

1.1.1    In the event that the inmate is obtaining active assistance from the Paralegal and has completed the pleading in the presence of the Paralegal, the Paralegal shall complete the Request/Authorization for Qualified Legal Claim Copying and submit it with the pleading directly to designated staff for photocopying.

1.2    Designated staff shall sign and date the form and provide the inmate a copy of the request as a receipt.

1.4    The Paralegal shall review the packet to determine which documents shall be copied and how many copies are to be made. Documents that violate prison rules (i.e., gang symbols, instructions regarding illegal activities, etc.) shall not be copied.

1.5    If Department Order compliance interpretation is needed then the Paralegal shall consult with the Legal Access Monitor.

1.6    The Paralegal shall complete the request and, within three work days of receipt, shall return the packet to designated staff.

1.7    Designated staff shall:

1.7.1    Make photocopies in accordance with the Paralegal's notation on the request form, ensuring that the inmate has paid for the copies or that the account has been placed on hold in accordance with section 902.06. Photocopies shall be made, if possible, within three work days of designated staff receiving the request form back from the Paralegal. Extra time may be necessary for extensive copying requests.

1.7.1.1    All legal or quasi-legal documents, such as, but not limited to, pleadings, briefs, motions, affidavits, copies of case law, and licenses submitted for photocopying shall not be censored, but may be read to the extent required to establish that the contents of the document do not contain contraband.

1.7.1.2    All legal matters, other than legal documents, namely and especially letters to or from an inmate's attorney, to or from a judge, or to or from a court of law, that are submitted for photocopying, shall not be read or censored, but may be scanned to the extent necessary to establish that the letters do not contain contraband.

1.7.2    Refrain from photocopying any documents, if so instructed by the Paralegal.

1.7.3    Arrange for a meeting between the Paralegal and the inmate, if so instructed by the Paralegal.

1.8    Designated staff shall keep a copy of the request and:

1.8.1    Forward a copy of the Request/Authorization for Qualified Legal Claim Copying, together with the photocopied material, to the inmate.

1.8.2    Return the material, above, to the inmate if the request was denied.

1.8.3    Forward the Inmate Request for Withdrawal, Form 905-1, to the Business Office in accordance with section 902.06, if the material is to be photocopied.

1.8.4    Forward a copy of all requests for qualified legal claim copying to the Legal Access Monitor on a monthly basis.

1.9    The Paralegal's decision is final. Inmates may present concerns regarding qualified legal claim copying to the Legal Access Monitor through designated staff using the Inmate Letter, Form 916-1.

1.10    The inmate shall be responsible for payment for copies in accordance with section 902.06 except that the inmate may choose to pay for copies relating to qualified legal claims in accordance with section 902.07. In this event, the documents do not require the Paralegal's review.

1.11    If the copies do not relate to a qualified legal claim, the inmate may request that copies be made in accordance with section 902.07 as non-qualified legal documents or non-legal documents.

1.12    Telephonic review of qualified legal copying requests may be done only in exigent circumstances. (e.g., verified impending court deadlines.)

1.13    There is no requirement that the paralegal meet in person with the inmate to review a qualified legal copy request.

1.14    Requests for copies of Exhibits/Attachments shall have a legitimate pleading to support the copying of those documents. Exhibits/Attachments shall also relate to the pleading. The contract Paralegal may deny copying of documents if they do not relate to a pleading in an active court case.

902.06    CHARGES - QUALIFIED LEGAL CLAIMS - All inmates shall be responsible for payment for services related to qualified legal claims.

1.1    For issues relating to qualified legal claims, the service requested shall be provided in accordance with the Paralegal's notation on the request regardless of the inmate's ability to pay. However, if the inmate has funds available, the cost of the service shall be deducted from the inmate's account. If funds are not available, the inmate's account shall be placed on hold in accordance with Department Order #905, Inmate Banking/Money System, until such time as the debt is paid.

1.2    Chargeable services include, but are not limited to:

1.2.1    Qualified legal claim photocopying, including required court forms, other attachments or other documentation.

1.2.2    Notary services related to qualified legal claims.

1.2.3    Court forms listed on Attachment B. (There is no charge for the initial form requested, or for one subsequent request on the same pleading.)

1.3    An inmate who is requesting any service relating to qualified legal claims shall complete and deliver to designated staff an Inmate Request for Withdrawal in the amount necessary to completely pay for the requested service at the time designated staff perform the service or arrange for delivery of the service. For photocopies, the Request/Authorization for Qualified Legal Claim Copying shall be required.

1.4    Designated staff shall submit the Inmate Request for Withdrawal to the Business Office when the service has been provided to the inmate. Designated staff shall indicate on the Inmate Request for Withdrawal that the service is for qualified legal claims.

1.5    The Business Office shall:

1.5.1    Upon receipt of the Inmate Request for Withdrawal, ensure that if funds are available the inmate's account is debited or that the inmate's account is placed on hold.

1.5.2    Ensure that the Inmate Request for Withdrawal serves as documentation for the hold or request for payment.

1.5.3    Ensure that funds collected are deposited in the appropriate account in accordance with Department Order #905, Inmate Banking/Money System.

1.6    The charge for any document, including copies of court forms listed on Attachment B, a photocopy of a document or form, or any other form published by another agency or court (normally available and provided by the Department) is $.10 per printed side.

1.7    The charge for notary public services shall be $1.00 per notarized document, pursuant to A.R.S. 41-316.

1.8    The price charged for individual services, forms or copies shall be subject to periodic review and adjustment by the Director.

902.07    NON-QUALIFIED LEGAL CLAIMS SERVICES (See Attachment F, Non-Qualified Legal Claims Copying Process.) Inmates shall be charged for all non-qualified legal claim photocopies as well as other services provided for in this section. Non-legal copying shall be done in accordance with Department Order# 910, Inmate Education and Resource Center Services.

1.1    Inmates who do not have sufficient funds to pay for the copies/service at the time requested shall be denied the service or copies.

1.2    All documents submitted for copying shall be in compliance with Department Order #909, Inmate Mail/Property and Stores, and are not to violate any other written instructions.

1.3    Chargeable items include:

1.3.1    Non-qualified legal claim and quasi-legal matter photocopies.

1.3.2    Qualified legal claims photocopies that were not copied, in accordance with the Paralegal's notation on the request.

1.3.3    Names and address lists for federal or state courts. (See Attachment C for federal courts. State courts are available in the Legal Resource Center.)

1.3.4    Notary Services related to non-qualified or quasi-legal claims.

1.4    An inmate who wishes to purchase non-qualified claim or quasi-legal matter photocopies or other immediately chargeable services shall complete an Inmate Request for Withdrawal and request that the assigned Correctional Officer III verify that funds are available.

1.5    The Correctional Officer III shall verify the availability of funds and sign and date the Inmate Request for Withdrawal in accordance with Department Order #905, Inmate Banking/Money System.

1.6    The inmate shall deliver the Inmate Request for Withdrawal to designated staff within two work days of verification by the Correctional Officer III, together with the material to be photocopied. An inmate who wishes to copy non-qualified legal material or quasi legal documents shall complete a Request for Non-Qualified/Non-Legal Copying, Form 902-7, as well as the Inmate Request for Withdrawal, and deliver the Request for Non-Qualified/Non-Legal Copying, the Inmate Request for Withdrawal and the documents to be photocopied to designated staff.

1.7    Designated staff shall determine if the copies are authorized in accordance with Department Order #909, Inmate Mail/Property and Stores, or other written instructions. If there is any question about the suitability of the copies, designated staff may consult with:

1.7.1    His/her supervisor, the Unit Deputy Warden or the Unit Chief of Security.

1.7.2    The Legal Access Monitor if it appears that the copying may be legal or quasi-legal in nature.

1.8    Any attempt by the inmate to have contraband documents copied shall result in denial of the request for copies and shall subject the inmate to disciplinary action.

1.9    Designated staff shall arrange for delivery of the service, copies or forms and submit the Inmate Request for Withdrawal to the Institution Business Office where the appropriate deduction from the inmate's account shall be made. Designated staff shall ensure that the Inmate Request for Withdrawal indicates that it is for payment of non-qualified/non-legal services or photocopies.

1.10    If at any time an inmate requests and receives copies or other service for which payment is due and the inmate's account has insufficient funds to pay, the account shall be placed on hold in accordance with Department Order #905, Inmate Banking/Money System. The hold shall remain in place until such time as the inmate has satisfied the obligation.

1.11    At no time shall non-qualified legal claims copying or non-legal copying take precedence over copying of documents relating to qualified legal claims.

1.12    All non-qualified legal claims and non-legal matter copies shall be sold at $.10 per printed side.

1.13    Any other form published by another agency relating to a non-qualified legal claim, or to be utilized by the inmate for non-qualified legal claim purposes, that the inmate may require and that the Department normally provides, may be sold at a charge of $.10 per printed side.

1.14    Court name and address documents shall be copied at a charge of $.10 per printed side.

1.15    The Notice of Claim required for property claims in accordance with Department Order #909, Inmate Mail/Property and Stores, shall be sold to inmates at a cost of $.10 per copy. This form is not to be used for any other purpose than that outlined in Department Order 909.

1.16    Inmates who request Notary Public Services for non-qualified/non-legal matters shall be charged $1.00 per notarized document.

1.1    Accommodations shall be made, as needed, to ensure access to the courts for inmates with special needs, to include inmates who are illiterate, non-English speaking, and disabled. (See Department Order #908, Inmate Equal Opportunity/Access.)

1.1.1    Accommodation may include providing a tele-conference with a bilingual interpreter and the Paralegal.

1.2    Arrangements shall be made for inmates who have limited access to the Unit Library to meet with Paralegals, to review legal resource materials, or to obtain forms or photocopies.

1.3    CDUs and Protective Segregation Units shall establish and maintain, within the unit, a collection of the required legal resource materials as identified in Attachment A.

1.3.1    The Warden shall designate a staff member to be responsible for those functions identified in section 902.03, 1.1 through 1.1.6.

1.1    Inmate stores shall stock only those items authorized by Department Order #909, Inmate Mail/Property and Stores. There shall be no special order items.

1.2    Inmates shall be provided legal supplies regardless of their ability to pay. If the inmate does not have funds available, a hold shall be placed on the inmate's account.

1.3    Inmates shall be charged the current inmate store price for any item received.

1.4    The amount of other supplies provided per month to inmates who request them and do not have the funds to pay shall be:

1.4.1    Pens - 1

1.4.2    Pencils - 2

1.4.3    Legal pad (size 8-1/2" x 11") - 2

1.4.4    Regular envelopes - 10

1.4.5    Manila envelopes - 6

1.5    Additional legal supplies may be provided after a showing is made by the inmate that additional supplies are necessary in order to present or support a qualified claim. These additional items shall be issued on an individual basis.

1.5.1    The contract paralegal shall verify that the inmate is actually working on a qualified legal issue before additional legal supplies are provided.

1.6    Legal supplies are those supplies actually used for qualified and non-qualified legal claims. The Department is not required to provide supplies for personal/private use.

902.10    LEGAL PROPERTY - Inmates shall be permitted to maintain personal legal books and materials in their housing location. Inmates shall be provided with legal boxes regardless of their ability to pay. If the inmate does not have funds available, a hold shall be placed on the inmate’s account. Inmates shall only be provided with sufficient boxes to properly store specific legal documents.

1.1    Inmates are authorized to keep no more than three boxes of legal materials in their living area. Legal books shall be allowed only in accordance with Department Order 909.

1.1.1    The dimensions of each box shall not exceed 17-1/2" in length x 10-1/4" in height x 11-1/2" in width.

1.1.2    The weight of each box shall not exceed 20 pounds.

1.1.3    Each box of legal material shall be numbered in sequential order.

1.2    Legal materials in excess of the three boxes shall be stored by the Department. In order to store excess legal materials, inmates shall, in the presence of staff:

1.2.1    Seal legal materials in a box, after staff inspection for contraband.

1.2.2    Place their name and ADC number on the top and side of the box.

1.3    Inmates shall store and possess only their own personal legal materials. If staff discover that an inmate is storing or possessing other inmate's legal materials, staff shall return the legal materials to the owner regardless of whether or not disciplinary action is taken.

1.3.1    If it is determined that an inmate has drafted legal documents on behalf of another inmate, and those documents are being stored or possessed by the inmate who drafted them, those documents shall be confiscated and not given to the inmate whose name may be listed on the documents.

1.4    When an inmate wishes to exchange one box of legal material for another, the inmate shall:

1.4.1    Notify the Property Officer by Inmate Letter.

1.4.2    Clearly indicate by number the box(es) to exchange.

1.5    The Property Officer shall exchange the box(es) of legal materials within three work days from the date of receipt of the request, which shall be date stamped as received.

1.6    The legal materials to be exchanged shall be inspected for contraband by staff and sealed in the presence of staff prior to exchange.

1.6.1    Only sealed boxes shall be exchanged.

1.6.2    A Checklist for Storage of Inmate Legal Materials, Form 902-9, shall be used any time legal materials are stored or exchanged.

1.6.3    Completed forms shall be placed in the Inmate Property File within five work days.

1.7    Possession of legal material and/or legal texts or books shall be subject to the quantity limitations established in Department Order #909, Inmate Mail/Property and Stores.

1.2    Outgoing mail not labeled as legal mail shall be processed as regular mail.

1.3    All legal mail, outgoing or incoming, shall be logged.

1.4    Staff who process incoming or outgoing inmate mail shall:

1.4.1    Generally identify all legal mail and record it on a log by indicating the inmate's name and the sender's name.

1.4.2    Inspect such mail for contraband, stamp the envelope "LEGAL MAIL, ARIZONA DEPARTMENT OF CORRECTIONS" using a commercial stamp, and log it before it is placed in the envelope and sealed by the inmate.

1.4.2.1    All incoming mail, letters, memoranda, and documents, from an inmate's attorney or from a judge or court, shall be opened for inspection purposes in the presence of the inmate. Such incoming mail may be scanned in the conducting of an inspection for contraband, but shall not be read or censored by staff.

1.4.2.2    All outgoing letters to an inmate's attorney or to a judge or court shall be brought to the mail room by the inmate, where the letter shall not be read or censored but shall be inspected for contraband and sealed in the presence of the inmate. All outgoing legal documents to an inmate's attorney or to a judge or court (other than letters to an inmate's attorney or to a judge or court, such as pleadings, briefs and motions) shall not be censored, but staff are not prohibited from reading such documents to the extent necessary to establish the absence of contraband.

1.4.3    Send legal mail as first class mail regardless of the inmate's ability to pay the required postage.

1.4.4    Submit names of inmates claiming to have inadequate funds for postage to the Business Office, indicating postage due from the inmate. The Business Office shall either debit the inmate account or, if there are insufficient funds to pay the postage, place a hold on the inmate account.

1.4.5    Return the mail to the inmate if he/she requests mail to be sent as legal mail and it is not to an attorney, judge or court. The inmate may request to have the contract Paralegal review the mail to determine whether it may be approved as legal mail. The contract Paralegal may contact the Legal Access Monitor for direction.

1.5    Designated staff who process incoming mail shall attempt to make a determination, based on an inspection of the envelope, whether the contents constitute legal mail. The return address may be indicative of whether the contents of the envelope constitute legal mail. Designated staff shall not rely solely on the words "legal mail" having been stamped on the envelope. If there is any serious doubt as to whether the contents of the envelope contain legal mail, designated staff shall contact the Legal Access Monitor for direction.

1.6    Staff suspecting abuse of the legal mail designation shall advise the Warden or Deputy Warden who shall take appropriate action following consultation with the Department’s General Counsel.

1.7    When applicable, staff shall take the following steps to locate inmates to whom legal mail is addressed and to forward such mail to the inmate.

1.7.1    Use the Adult Information Management System (AIMS) and inmate records to locate any addressee of legal correspondence who is not located at the institution that received the correspondence, and to locate any inmate who has received legal mail that does not have an ADC number as part of the address.

1.7.1.1    Staff shall have inmates verify that they are the person to whom the legal mail is addressed utilizing the inmate's identification card.

1.7.2    Forward any legal correspondence to any inmate addressee who is under commitment to or supervised by the Department.

1.7.2.1    Inmates, releasees and parolees receiving forwarded legal correspondence shall notify the sender of their new address.

1.7.3    When legal mail is forwarded, in addition to the requirements in section 902.11, 1.4.1, the inmate's forwarding address and the date forwarded shall be logged.

1.7.4    Return legal correspondence to the sender only if the addressee is no longer an inmate, releasee or parolee, in which case the sender shall be advised of this fact.

902.12    LEGAL PHONE CALLS - Inmates who have retained counsel may make legal phone calls in accordance with the following:

1.1    Inmates shall communicate legal matters through the mail whenever possible.

1.2    Legal phone calls may be approved, according to the established Institution Order, when it is reasonable and necessary to do so. Staff shall approve court-ordered telephonic conferences and ensure that the inmate is provided the opportunity to participate in the conference.

1.2.1    Legal phone calls should not exceed 30 minutes in length. Additional time is permitted at the discretion of the Deputy Warden. Time limits do not apply to court-ordered telephonic conferences.

1.3    The Department shall not pay, reimburse or be responsible for the placement of inmate legal calls. All calls shall be collect.

1.3.1    Court-ordered telephonic conferences shall be placed at the Department's expense, using the in-state long-distance telephone service when necessary.

1.4    Inmates shall request legal calls 24 hours in advance, by submitting a Legal/Emergency Telephone Call Request, Form 915-2, through staff designated by the Warden or Deputy Warden.

1.4.1    Upon approval, the call shall be scheduled according to the applicable Institution Order.

1.5    Legal phone calls shall only be denied or suspended due to security concerns, provided that an effective method of legal communication remains available to the inmate.

1.5.1    Legal phone calls shall not be denied as a form of discipline.

1.6    Legal phone calls shall not be monitored or recorded.

1.7    Staff shall not listen to the conversation, but shall maintain visual contact of the inmate when the inmate is in an area where security or information may be compromised.

1.1.1    Attorney or agent visits shall be held in a location within the institution designated by the Warden, Deputy Warden or Administrator of the institution.

1.1.2    Attorneys or their agents shall contact the Warden, Deputy Warden or Administrator at least 48 hours in advance of the requested visit and provide their name and date of birth. Attorneys shall also provide their Bar number.

1.1.3    Contact or non-contact visits by attorneys or their agents shall be allowed (consistent with the safe, secure and orderly operation of the institution) only when they are approved in advance by the Warden, Deputy Warden or Administrator.

1.1.4    In an emergency, the Warden, Deputy Warden or Administrator may waive the advance notice requirement.

1.1.4.1    In such cases, the attorney or agent shall provide, at the time of the visit, written justification for the emergency.

1.1.4.2    When a justified emergency exists, space for the visit shall be provided, consistent with the safe, secure and orderly operation of the institution.

1.1.5    Attorneys and agents shall be advised that the inmate shall be questioned to determine if the inmate wishes to meet with the requesting attorney or agent.

1.1.6    If the inmate agrees to meet with the attorney or agent, the visit shall be approved and scheduled.

1.1.7    If the inmate does not wish to meet with the attorney or agent, the attorney or agent shall be contacted within the same 48 hour period of the initial request and informed that the visit has been denied. The appropriate staff member shall ensure that a Visitation Waiver, Form 911-2, is completed in accordance with Department Order #911, Inmate Visitation.

1.2    Agents of an Attorney Restrictions - The attorney shall understand that he or she is ultimately responsible for the actions of his or her agent.

1.2.1    The Warden, Deputy Warden or Administrator may exercise his or her discretion in permitting an agent to meet with an inmate. Any denial shall be for good cause and the Warden, Deputy Warden or Administrator shall be prepared to provide a reason for the denial.

1.3    Visits Under Court Order - Persons acting under a court order shall contact the appropriate unit staff to arrange a visit with an inmate. An original certified copy of the court order shall be provided by such person to the appropriate unit staff for inclusion in the inmate's Visitation, Institutional and Master File.

Wardens shall maintain an Institution Order that addresses the following, at a minimum:

# Identification of designated staff for carrying out responsibilities and processes required by this Department Order.

# Specific process for copying qualified, non-qualified, and non-legal materials.

# Specific process for submission of the Inmate Request for Paralegal Assistance and related documents to include charging for fax service.

# Process for legal resource and text check-out and monitoring, to include a specified period of time for check out.

# Allocation of space for Paralegal activities and/or storage of materials.

The Division Director for Offender Operations shall provide a copy of all such Institution Orders to the Legal Access Monitor for final approval prior to implementation.

ACCESS TO THE COURTS - Inmates shall not be barred from the courts and the Department shall, when written requests are made, actively assist inmates in the preparation and initial filing of (1) direct appeals from the convictions for which they were incarcerated, (2) Habeas petitions, (3) ' 1983 civil rights actions, and (4) conditions of confinement actions.

AGENTS OF AN ATTORNEY - Individuals who are authorized by a licensed attorney to act on behalf of, for or in place of the attorney, and who are directed to visit an inmate on behalf of, or in place of an attorney.

• To demonstrate a bonafide agency relationship with an attorney, pursuant to this Order, an individual shall have documented (written) authorization by the attorney to act on behalf of, for or in place of the attorney. The written authorization, signed and dated by the attorney shall:

• Expressly set forth the specific nature of the duty or duties in accordance with which the agent purports to act on behalf of, for or in place of the attorney.

• Outline the general nature of the visit.

• Be notarized.

Agents may include private investigators, licensed in accordance with A.R.S. section 32-2401 et. seq.; Paralegals; law students; secretarial staff and duly appointed process servers.

Agents shall not include anyone who is on an inmate's visiting list.

ATTORNEY - An attorney-at-law licensed to practice in any state or federal jurisdiction.

# Who has entered into or may in the future enter into an attorney-client relationship with the inmate or has been appointed to represent the inmate, as evidenced by court record, court order or by the inmate's written authorization.

# Shall not include anyone who is on the inmate's visiting list.

CIVIL RIGHTS - Rights guaranteed by the United States Constitution.

DEBIT - An immediate withdrawal of funds from an inmate's account.

DESIGNATED STAFF - Any Department Employee(s) appointed by the Warden to be responsible for such duties as outlined in this Department Order.

HABEAS CORPUS - A writ by which a party attempts to obtain release from confinement.

HOLD - An obligation owed by an inmate that restricts inmate funds until the obligation is collected.

INITIAL FILING - The filing of a pleading or petition with a court of law to begin a legal action in that court. An initial filing also includes the filing of all notices or other documents that may be required prior to the filing of the pleading or petition, including the initial filing of amended complaints or petitions.

LEGAL ACCESS MONITOR - A Department employee with paralegal training, located in the Legal Services Unit at Central Office.

LEGAL CALL - Unmonitored telephone calls made by an inmate to the inmate's attorney or an agent of the attorney, for legal purposes, which have been scheduled according to Institution Orders as legal calls. Court-ordered telephonic conferences with the court are also unmonitored calls and are made at the Department's expense on the state's long-distance service, when necessary.

LEGAL MAIL - Any letters to or from an inmate's attorney as defined above, or to or from a judge or to or from a court of law.

NON-QUALIFIED LEGAL CLAIMS - Any legal or quasi-legal claims that do not fall under the definition of QUALIFIED LEGAL CLAIMS. These include divorce, child custody, paternity, name change, etc.

PARALEGAL - An independent contractor who has obtained a diploma/degree/certificate from an accredited Paralegal school that has met American Bar Association (ABA) approval, or possesses three or more years verifiable full-time paralegal experience. The Department shall contract in accordance with Department Order #302, Contracts and Procurement, to obtain the services of qualified Paralegals. Individuals who have graduated from law school but have never been licensed to practice law in any jurisdiction may serve as Paralegals.

PETITION - A written request that the court exercise its authority to redress a wrong.

PLEADING - For the purpose of this Department Order, a pleading refers to a Notice of Appeal pursuant to Ariz.R.Crim.P, 31.2; the initial filing of a Petition for Post-Conviction and related forms, pursuant to Ariz.R.Crim.P. 32; a Petition for Review pursuant to Ariz.R.Crim.P. 31.19; a Petition for Review pursuant to Ariz.R.Crim.P. 32.9(c); a Petition for Review pursuant to Ariz.R.Crim.P.31.19 and 32.9(g); a Petition for Writ of Habeas Corpus in state or federal court; and a civil rights complaint or condition of confinement complaint in state or federal court.

POST-CONVICTION RELIEF (RULE 32, ARIZONA RULES OF CRIMINAL PROCEDURE) - The process through which a party seeks relief from a sentence imposed on the party by a court of law.

QUALIFIED LEGAL CLAIMS - In the direct appeal, any claim of error; in the Post Conviction Relief proceeding, any non-precluded claim set forth in Ariz.R.Crim.P.32; and in federal court, any claim of error based on a violation of the federal constitution or law. Forms include the Notice of Appeal from the Superior Court (Ariz.R.Crim.P.31.2(a); Notice of Post-Conviction Relief, Request for Preparation of Post-Conviction Relief Record, and Petition for Post-conviction Relief (Ariz.R.Crim.P. 32);Petition for Review (Ariz.R.Crim.P. 32.9(c)); Petition for Review (Ariz.R.Crim.P. 31.19 and 32.9(g)); Petition for a Writ of Habeas Corpus in state or federal court; and a civil rights action or condition of confinement claim (42 U.S.C. ' 1983).

WRIT - A written judicial order to perform a specified act or giving authority to have a specified act done.

902-1, Inmate request for Paralegal Assistance

902-1S, Solicitud De Preso Para Ayuda De Paralegal

902-2, Request Authorization Legal Copying

902-3, Paralegal Activity Log

902-7, Req/Authorize Non-Qualified/Non-Legal Copying

902-8, Paralegal Meeting Notification

902-9, Checklist Store Inmate Legal Material

Attachment A, Legal Texts and Resource Material

Attachment B, Court Forms Packets

Attachment C, Federal Appellate/District Courts and State Appellate Courts

Attachment D, Paralegal Assistance Request Process

Attachment E, Qualified Legal Claims Copying Process

Attachment F, Non-Qualified Legal Claims/Non-Legal Copying Process

Lewis v. Casey, 116 S. Ct. 2174 (1996)

The following legal texts and legal resource material may remain for use by inmates and shall be placed in the Reserve/Reference section of the General Library of each unit:

Note: Any deletions or additions to the above list will be subject to the approval of the Director of the Department of Corrections.

The following court documents and forms shall be available in Legal Resource Centers. The Legal Access Monitor will provide current copies to Designated Staff as needed.

1. Arizona State Courts - Self-Help Resources
2. Federal Section 1983 Forms Packet
3. Federal Petition for Wit of Habeas Corpus by a Person in State Custody Forms Packet
4. State Notice of Post-Conviction relief (Pursuant to Rule 32 of the Rules of Criminal Procedure)
5. State Notice of Appeal from Superior Court
6. State Petition for Post-Conviction Relief (Pursuant to Rule 32 of the Rules of Criminal Procedure)
7. State Request for Preparation of Post-Conviction Relief Record
8. State Court Complaint
9. Petition for Review, Arizona Rules of Criminal Procedure, Rule 31.19(a)
10. Petition for Review, Arizona Rules of Criminal Procedure, Rule 32.9(c)
11. Petition for Review, Arizona Rules of Criminal Procedure, Rule 31.19 & 32.9(g)
12. State and Federal Notice of Change of Address Forms
13. State Certificate of Compulsory Arbitration
14. State Deferral or Waiver of Court Fees and Costs (State) Forms
15. State Deferral or Waiver of Appellate Court Fees and Costs Forms
16. Mandatory Civil Cover Sheet (Maricopa County)

Supreme Court of the United States

1 First Street, N.E.

Washington, D.C. 20543