May 2014

Over at Grits for Breakfast, is a post discussing that, while cell phones are rampant in Texas prisons, there are few prosecutions. The writer references a comprehensive story about the number of cell phones seized in Texas versus few actual prosecutions for those offenses. The Texas Tribune reports:

Prison officials said one challenge was linking the smuggled phones to prisoners or correctional officers for prosecution, because the devices were secreted away in spots that were hard to find, or found in common areas. And it falls to prosecutors in the rural, cash-strapped regions where prisons are typically located to decide whether to spend resources on criminals who are already in prison or on local law enforcement officers. Critics say that without serious consequences, there is little to stanch the flow of illicit cellphones — and the cash that goes with them — into Texas prisons.

“Phones can be hard to find, and there’s a lot of money in introducing contraband,” said Terry Pelz, a prison consultant and former warden who advocates tougher punishments for guards caught with contraband.

The same could be said about Georgia. Most Georgia prisons are located in rural areas. There are bigger things to prosecute. And there’s every reason for corrections officers not to aggressively deal with cell phone possession. First, corrections officers are not paid very well. Inmates and families can offer them extra money (generally in the form of a pre-paid debit card) to either turn a blind eye to cell phones or to actively participate in snuggling them into the facility. Inmates may also be more easy to manage if they have cellphones. There is little incentive to crack down on cel phone possession. Though Georgia DOC official press releases say otherwise.

Lawyers who do post-conviction work are going to get calls from prisoners on cell phones. And it creates something of a catch-22. There is little to no expectation of privacy on a prison cell phone. There is no assurance that the call isn’t being recorded or monitored by an opportunistic future jailhouse informant. There is also no real assurance that the person on the other line actually is the client unless there is a pre-arranged attorney-client call through the prison. And yet, there’s probably another lawyer, a competitor for instance, who is perfectly willing to take cell phone calls from inside.

A professor of anesthesia at Harvard Medical School told the Washington Post that “Given these recurring problems with lethal injections, if I had to be executed, I would choose a firing squad.” That article and one in the ABA Journal details the problems with supply of lethal injection drugs throughout the nation.

Continue Reading Harvard Medical Professor would Take Firing Squad over Lethal Injection

Jeff Davis has been appointed as the new Executive Director of the State Bar of Georgia. Before that, he was the Director of the Georgia JQC, the agency that governs ethics and Georgia judges.

Georgia lawyers and citizens should be proud. I don't know much about the JQC from before Mr. Davis was its director, but I know for a fact that the JQC had some teeth while he was in charge. In the last five or so years, the JQC has made the judiciary a better place. In fact, I would credit the JQC with bringing several judicial circuits not only into the 21st century but out of the 19th.

Under his leadership, many judges are gone who needed to go. And at approximately the same time that Mr. Davis's new job was being announced, the JQC was being recognized with a First Amendment Award for its work in ensuring that courtrooms were made more open to the public.

Congratulations to Jeff Davis. If you see him, thank him for his public service.