Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-20 - Visits by attorneys and inmate access to legal services

Current through all regulations passed and filed through July 1, 2024
(A) Attorney visits
(1) Attorneys of record may visit inmates
			 during regular visiting hours. Where there is no evidence of an attorney of
			 record or when an attorney other than the attorney of record requests visiting
			 privileges, the attorney must provide a copy of a written statement, redacting
			 any confidential or privileged information, from the inmate or a member of the
			 inmate's family requesting his legal services. An attorney wishing to visit may
			 be required to furnish proof that he is licensed to practice law.
(2) When an attorney requests to visit with
			 his clients on weekends or after regular visiting hours, at least one-day,
			 advanced notice to the managing officer shall be made by such attorney. In the
			 event an attorney is present at an institution and desires additional time
			 (beyond regular visiting hours) to visit with his client(s), the attorney shall
			 request such additional time from the managing officer. Such request shall be
			 made within a reasonable time prior to the expiration of regular visiting
			 hours. Such requests shall be liberally granted when the attorney can show
			 sufficient reason why such visits are necessary.
(3) Law students, legal interns or legal
			 investigators must be under the direct supervision of an attorney who shall be
			 responsible for the activities of such person. Before admission to the
			 institution is granted, that person must produce a written statement containing
			 all of the following information:
(a) Name of
			 the student, intern or investigator.
(b) Name of the law school or program, if
			 applicable.
(c) Name and address of
			 the supervising attorney.
(d) Name
			 of the inmate-client to be interviewed.
(4) Visits by attorneys, law students, legal
			 interns, and legal investigators may be partially curtailed or totally banned
			 during the existence of a critical incident as determined by the managing
			 officer. However, the managing officer may, if security permits, authorize
			 visits by attorneys during a critical incident in the following situations:
(a) A personal interview of the inmate is
			 absolutely necessary because of a rapidly approaching court date for which a
			 continuance cannot be obtained.
(b)
			 Legal aid is necessitated by the conditions which caused the critical
			 incident.
(5) Visits by
			 attorneys will take place in a room designated for that purpose, subject to
			 being visually monitored, but conversations shall not be monitored.
(6) An attorney of record may be permitted to
			 visit up to three inmate-clients at one time, unless it is the opinion of the
			 managing officer that such visit would be inappropriate due to an existing
			 situation at the institution. In such event, the attorney shall be so notified
			 and other arrangements made.
(7)
			 Where an attorney requests to visit with a large number of inmates (e.g.,
			 cell-block or dormitory) who he does not explicitly represent, and who he does
			 not name individually, the attorney shall be requested to submit in writing the
			 names of those persons he wishes to meet. If the attorney is unable to produce
			 the names of such inmates, he shall be given a reasonable amount of time to
			 gather such information. Subsequent to the receipt of such names, a staff
			 member shall contact each inmate so named and inform him of the presence of the
			 attorney and of the attorney's request to visit with him. The inmate shall be
			 asked if he desires to meet with the attorney. If the inmate declines, the
			 inmate shall be asked to sign a statement to that effect and it shall be
			 witnessed by a staff member. Under no circumstances shall an inmate be
			 harassed, intimidated or in any manner influenced with regard to such a
			 request. Any document so executed shall be immediately forwarded to the
			 managing officer who shall forthwith have it placed in the inmate's file. The
			 attorney shall also be shown this document upon request.