Gaines v. Maynard

1991 OK 27, 808 P.2d 672, 62 O.B.A.J. 934, 1991 Okla. LEXIS 28, 1991 WL 35096
CourtSupreme Court of Oklahoma
DecidedMarch 19, 1991
Docket67752, w/67798
StatusPublished
Cited by32 cases

This text of 1991 OK 27 (Gaines v. Maynard) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gaines v. Maynard, 1991 OK 27, 808 P.2d 672, 62 O.B.A.J. 934, 1991 Okla. LEXIS 28, 1991 WL 35096 (Okla. 1991).

Opinions

SUMMERS, Justice.

Plaintiffs are American Indian prisoners seeking a writ of mandamus against their Warden. Boiled down, their suit is for the appointment of legal counsel based on an alleged denial of access to the courts. The District Court of Pittsburg County dismissed the case five days after it was filed. On certiorari to the Court of Appeals, which affirmed, our sole question is whether the trial court’s dismissal was proper. We conclude that at least one of the plaintiffs’ claims was properly dismissed, but that the pivotal issue of entitlement to court appointed attorney for alleged lack of access to the courts cannot be fully resolved on the record before us. We vacate the opinion of the Court of Appeals, reverse in part and affirm in part the order of the trial court, and remand with instructions.

The plaintiffs filed a lengthy application for writ of mandamus, affidavits in forma pauperis, an affidavit by plaintiff Gaines supporting the application,1 and after the order dismissing the case, a request to amend their application. The application sought the appointment of an attorney to (1) prosecute actions to attack their “convictions”, and (2) prosecute yet unfiled civil actions on the behalf of the plaintiffs against the Oklahoma Department of Corrections and various officials thereof. The application did not seek any relief other than the appointment of an attorney.

1. Access to the Courts and Plaintiffs’ Application for Mandamus.

The plaintiffs’ filings*1 in the trial court are not clear on this point, but in their petitions in error they state that they seek the appointment of counsel “to perfect pending litigation and pending appeals into the United States Supreme Court”. The “appeals” to the United States Supreme Court seek review of actions of this Court in three cases and review of Hedgpath’s criminal conviction affirmed by the Court of Criminal Appeals in 1979.2

A court-appointed attorney to collaterally attack Hedgpath’s criminal conviction is not appropriate. Counsel may be appointed to assist indigent defendants in post-conviction proceedings, 22 O.S.1981 § 1082, and for collateral proceedings in capital cases, 22 O.S.Supp.1987 § 1360. However, Hedgpath’s application did not seek post-conviction relief, and § 1360 is not implicated. We note that Hedgpath was convicted of Manslaughter in the First Degree, received a sentence of thirty-five years imprisonment, and had counsel for his appeal. Hedgepath v. State, supra, at [675]*675note 2. The trial court’s denial of a writ of mandamus for a court-appointed attorney to further attack Hedgpath’s criminal conviction was correct and is affirmed.

The plaintiffs also requested the appointment of counsel to prosecute appeals of civil cases to the United States Supreme Court and future civil cases against the Department of Corrections and its various officials. The appeals attack the plaintiffs’ “convictions” for violating prison rules and regulations, i.e., administrative determinations by prison officials that the plaintiffs were guilty of institutional misconduct. The plaintiffs did not attack the correctness of these institutional misconducts in the mandamus proceeding, and the correctness of those misconduct reports is not before us. The only question before us is whether the plaintiffs are entitled to appointed counsel to assist them with their civil cases.

The plaintiffs attempted to show the trial court that they were denied access to the courts, and because of such denial were entitled to appointed counsel. Clearly, a prisoner has a constitutional right of access to the courts, and prison authorities must “assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the law.” Bounds v. Smith, 430 U.S. 817, 828, 97 S.Ct. 1491, 1498, 52 L.Ed.2d 72 (1977). See also, Prock v. Dish Court of Pittsburg County, 630 P.2d 772, 775 n. 4 (Okla.1981).

Much of the plaintiffs’ paperwork filed in the trial court, as well as in this Court, is simply incoherent. However, the plaintiff’s petition contains the following allegations in support of their “access” claims: 1. Plaintiffs are barred from adequate and meaningful access to a sufficient law library; 2. Prison law clerks are prevented from acting as an attorney for other inmates; 3. Plaintiffs are denied access to typewriters and means to print appeal documents for appeals to the United States Supreme Court; 4. Plaintiffs are denied free pens and sufficient paper for petitioning the courts; 5. Plaintiffs are denied free mail for administrative appeals and for letters to state and federal officials; 6. Plaintiffs are denied free postage for mail to the courts; 7. Plaintiffs’ uncertified mail addressed to the courts has been either misplaced, confiscated, or delayed indefinitely; 8. Prison authorities prohibit non-prisoners from providing postage stamps to the plaintiffs; 9. Prison authorities confiscate the plaintiffs’ property as punishment for the plaintiffs’ efforts in petitioning the courts; 10. The prison law library is inadequate because it lacks treatises on Indian law, treatises between the United States and the American Indians, and treatises on pleading and appeals; 11. The prison authorities prohibit non-prisoners from sending the plaintiffs copies of treaties between the United States and American Indians; 12. ■ The prison authorities punish the plaintiffs by a policy concerning indigency; 13. The prison authorities improperly credit funds to the plaintiffs’ institutional trust accounts so that the plaintiffs will not be classified as indigent but the money in said accounts is not available for the prisoners to spend for litigation costs; 14. The prison authorities have not established policies for administrative appeals from administrative decisions of prison officials to the district courts; 15. Prison authorities have not provided for administrative evidentiary hearings with a preserved record for later judicial review; 16. Prison authorities have not provided the plaintiffs with a means to appeal a decision of the Oklahoma Supreme Court to the United States Supreme Court; 17. The plaintiffs have a “property right” to a specific amount of time to spend in the law library and such is being denied to them. Some of these allegations clearly require more facts to invoke judicial inquiry, some allegations need further specificity to clarify the nature of the complaint, and some need no further pleading to put the claim at issue.

For example, their claim of denial of access to a law library needs additional facts. Prison authorities may deny access to law library when the prisoners receive other adequate legal assistance. Tous[676]*676saint v. McCarthy, 801 F.2d 1080, 1110 (9th Cir.1986), cert. denied, 481 U.S. 1069, 107 S.Ct. 2462, 95 L.Ed.2d 871 (1987), (the court explained that if direct access to a library is denied then a state may meet its Bounds obligations by various ways, one of which is the use of prison law clerks). The plaintiffs were evidently being assisted by prison law clerks, since their filings in this Court describe a problem they had as to the identity of the clerk who was to make copies of their petition in error eventually filed herein.

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Cite This Page — Counsel Stack

Bluebook (online)
1991 OK 27, 808 P.2d 672, 62 O.B.A.J. 934, 1991 Okla. LEXIS 28, 1991 WL 35096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaines-v-maynard-okla-1991.