Former judge criticizes Correction Department regarding attorney-client visitation issues at Rikers Island jail.
A recent meeting of the New York City Board of Correction highlighted significant concerns regarding the treatment of defense attorneys within the city’s jail facilities. Retired judge Barry Cozier, a member of the Board, reprimanded city jail officials for the lengthy delays that defense lawyers must endure when attempting to meet with their clients. Instances of attorneys spending hours waiting, coupled with confusing rules, excessive bureaucratic hurdles, and repeated security checks, were described by Cozier as serious violations of the legal right to counsel.
Judge Cozier emphasized the importance of the right to counsel, denoting it as one of the most fundamental rights for defendants. He criticized the New York City Department of Correction (DOC) for failing to adequately address ongoing issues that hinder this essential legal access, stating his observations of attorneys lingering around jail facilities for extended periods without the ability to meet their clients. He called for a formalized procedure surrounding legal visits, asserting that the current approach is both ad hoc and unacceptable.
The judge’s comments were supported by Michael Klinger, a jail services attorney at Brooklyn Defender Services, who detailed the chaotic and inefficient processes that legal representatives encounter during their visits. Klinger noted that varying procedures are often implemented across different facilities, causing confusion and frustration among legal professionals. In some cases, attorneys have reported waits exceeding two hours just to speak with a client.
Klinger pointed out that these delays breach two key DOC directives: 6000R, which stipulates the right to client visits, and 6002, which mandates that legal visits commence within 45 minutes of a lawyer’s check-in. He described the present conditions as a long-standing issue that obstructs effective legal representation. Problems extend beyond delays; poor visiting conditions further compromise attorney-client interactions. Many visit booths in the facilities are in disrepair, lacking adequate seating and lighting, hindering clear communication between attorneys and their clients.
The Board meeting revealed a pattern of claims from DOC staff that detainees had refused legal visits without proper justification, raising concerns that some refusals may be fabricated. Additionally, video conferencing options for legal meetings have been plagued by technical difficulties, severely limiting attorneys’ effectiveness in communicating with their clients.
Despite the acknowledgment of these troubling issues by Board officials, including vice chairperson Helen Skipper, there remains skepticism about the Department of Correction’s commitment to implementing necessary changes. Fritz Frage, the DOC senior deputy commissioner, conceded that improvements are needed, yet his response has been met with criticism for lacking substance.
As the conversation about inmate access to legal representation continues, advocates call for immediate reforms to ensure compliance with established directives and to safeguard the integrity of the legal process within correctional facilities. The Board’s robust discussions underscore a significant need for systems that uphold the fundamental rights of individuals in custody and facilitate unhindered access to their legal counsel.
This pressing situation serves as a reminder of the importance of continuous oversight and advocacy within the criminal justice system, emphasizing that the rights of defendants must be upheld diligently to maintain the integrity of legal representation in New York City’s jails.
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