Utah Admin. Code R251-707-3 - Policy

(1) UDC shall provide legal assistance to inmates in preparing and filing of an initial pleading in habeas corpus and civil rights suits challenging conditions of confinement arising from incarceration at the prison.

(2) Inmates incarcerated at UDC facilities shall be allowed reasonable access to courts and counsel regarding any type of legal matter.

(3) Inmates in out-count status shall have extended access to courts and counsel.

(4) UDC shall pay for and provide the primary means of access to legal services, though inmates may secure legal counsel at their own expense if they prefer not to use the contracted legal firm or they may choose to represent themselves.

(5) Inmate writ writers may represent themselves but may not represent other inmates.

(6) A law library may not be provided, except that law books may be included among the books in the general inmate library system.

(7) Attorneys shall present a current state bar card and photo ID before being admitted to the prison.

(8) Attorney representatives shall present a letter of introduction from the attorney of record and photo ID before being admitted to the prison.

(9) Attorneys and their representatives may not interfere with the safety, security or orderly operation of the prison.

(10) Attorneys and their representatives shall be cleared through the Bureau of Criminal Identification before being approved for visitation; individuals with a criminal record shall be allowed to visit only with the approval of the Director of Prison Operations or designee.

(11) Attorneys may elect to have an attorney representative visit an inmate client instead of visiting personally.

(12) Attorney representatives:

(a) have no standing on their own; their standing to visit is granted only in their role as representatives of the attorney of record;

(b) may be cleared for visits for the attorneys they represent:

(i) submit a request, in writing, to the warden of the facility where the inmate is housed;

(ii) provide the name and title of the person assigned to represent the attorney of record; and

(iii) provide the name of the inmate to be visited.

(c) who have been cleared shall be given the same basic rights and privileges as those extended to the attorney of record.

(13) Attorneys or their representatives should not be denied visits, nor face inordinate delays when visits are prescheduled within the hours designated by the institution.

(14) In the event of exigent circumstances requiring an attorney or their representative visit before appropriate screening can be completed, temporary approval for a visit may be approved by the DPO Director or their designee.

(15) Inmate attorney or their representative telephone calls shall originate from inside the institution and may not exceed 30 minutes in duration.

(16) Attorneys or their representatives may leave telephone messages requesting return calls.

(17) Visits between inmates and counsel may not be monitored and shall occur in facilities which permit privacy; however, privacy requirements may not prohibit visual observation.

(18) Attorneys or their representatives should schedule on-site visits in advance, when possible.

(19) Attorneys or their representatives may schedule appointments with their inmate clients:

(a) at USCF and CUCF, Monday through Friday, 8 a.m. to 11 a.m. and 1 p.m. to 3 p.m.;

(b) on weekends, holidays, and evenings with prior written clearance from the DPO Director or their designee;

(c) at county jails as requested;

(d) in out-of-state institutions, consistent with receiving agencies' policies and procedures; and

(e) during non-visiting hours without prior approval in exigent circumstances if authorized by DPO Director or their designee.

(20) Attorneys or their representatives shall:

(a) follow UDC and prison rules during visits to the institution;

(b) conduct themselves in a manner consistent with safety and security requirements; and

(c) comply with instructions of staff members while in the institution.

(21) Physical inspections shall be made of all material brought into and out of any facility by any attorney or their representative and shall be performed only in the presence of the attorney or their representative.

(22) If any written material is declared privileged, it may not be read; however, the attorney or their representative may be required to leaf through these materials in the presence of staff, to assist in inspecting for contraband.

(23) If a reasonable suspicion exists to believe an attorney or their representative possesses contraband, a rub search may be required before permitting the visit and an incident report shall be filed documenting the reasonable suspicion and incident.

(24) Refusal to submit to search may result in the visit being denied and the attorney or their representative being asked to leave the premises.

(25) Strip searches of attorneys or their representatives shall be conducted only if there is reasonable suspicion of a particularized nature; an incident report shall be filed documenting the reasonable suspicion, incident and reason a strip search was necessary under the circumstances.

(26) If a warden or their designee determines that a safety, security, control or management problem could result by allowing an attorney or their representative access to a facility, the warden or their designee may place reasonable restrictions upon access or deny access when necessary; an incident report shall be filed articulating the justification for denying access and documenting the incident.

(27) An attorney or their representative may request a hearing before the Executive Director if they believe the denial of access for them or their legal representative was arbitrary, capricious, unreasonable or in violation of law or UDC policy.

(28) Any attorney or their representative who violates any UDC policy or rule or who provides false information may be denied access to the facility.

(29) Staff members authorized to accept service of process shall ensure that the requirements of proper service are appropriately satisfied at the DPO.

Notes

Utah Admin. Code R251-707-3

Amended by Utah State Bulletin Number 2023-22, effective 11/7/2023