Steinke v. Washington County

857 F. Supp. 55, 1994 U.S. Dist. LEXIS 9157, 1994 WL 369474
CourtDistrict Court, D. Oregon
DecidedJuly 1, 1994
DocketCiv. No. 94-396-FR
StatusPublished

This text of 857 F. Supp. 55 (Steinke v. Washington County) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steinke v. Washington County, 857 F. Supp. 55, 1994 U.S. Dist. LEXIS 9157, 1994 WL 369474 (D. Or. 1994).

Opinion

OPINION

FRYE, Judge:

The matters before the court are (1) the motion of the plaintiffs for a preliminary injunction (# 5); (2) the motion of the plaintiffs for class certification (# 4); and (3) the motion of the defendant to dismiss the amended complaint (# 18).

BACKGROUND

The plaintiffs and the class of persons that they seek to represent are criminal defense attorneys who represent persons confined in the Washington County Jail in Hillsboro, Or[56]*56egon. The plaintiffs move the court for a preliminary injunction requiring the defendant, Washington County, to provide them with adequate and private space in which they may confer with their clients at the Washington County Jail.

The plaintiffs allege in their amended complaint that the use of the space available to them for client consultations (1) violates the rights of their clients to counsel by inhibiting the full and free communication necessary between their clients who are persons charged with the commission of a crime and their counsel in violation of the Sixth Amendment to the United States Constitution; (2) violates the rights of the plaintiffs to practice their profession according to the highest standards in violation of the Fourteenth Amendment to the United States Constitution; and (3) violates the rights of the plaintiffs to free speech in violation of the First Amendment to the United States Constitution. Amended Complaint, pp. 6-7, paras. 7.1, 7.2 and 7.3.

The plaintiffs describe in an affidavit the three areas available at the Washington County Jail for attorney-client interviews as follows:

a. Second floor. This is one long room where all male inmate-interviewees are located on one side of a windowed wall with the attorneys or investigators on the other side of the wall. There are two enclosed booths with glass separating attorney and client and small paper-passing openings between attorney and inmate. The attorney side of the booths are separate from each other, but the inmate area opposite these booths are open to each other with only a partial wall between them. The remainder of the attorney side of the room consists of a bank of about four “telephones” connected to “telephones” on the other side. Anything an inmate says in a normal conversational tone is apt to be heard by any other inmate who may be present. Anything said on either side in the “telephone” area may be heard by any one on the same side of the room.
b. Third floor. This area is for the interviewing of female inmates. This area is immediately adjacent to the “office” area where the corrections staff tends to congregate. There is a window with an opening at the bottom that goes into the “office” within three feet of where the attorney sits. The mode of communication is through a “telephone” to another “telephone” on the other side where the female inmate sits. There is a glass window between attorney and client. The “telephone” system is such that it requires raising the voice to be clearly heard. It would appear that corrections staff is in a position to eavesdrop on attorney client communications at will,
c.The “law library”. This room is located on the second floor. It contains some law books and a couple of chairs. At times it has also contained a large typewriter and other objects. There is a single door to the room and there is a very small window in the door about five feet off the floor. When the door is closed it locks and must be opened by corrections staff. It often takes several minutes for corrections staff to respond to open the door at the conclusion of the interview.

Affidavit of Timothy M. Bowman, pp. 1-2.

The plaintiffs argue that there is no space available in the second floor visiting area for private attorney-client consultations with male inmates, and that the space for attorney-client consultations with female inmates is less private even than the space for male inmates. The affidavits further show that the only site available for private consultations is the inmate law library provided for the inmates, and this space is inadequate because it is not available on a regular basis.

In summary, the plaintiffs contend that the space available to criminal defense attorneys who wish to confer with their clients is neither private nor safe.

CONTENTIONS OF THE PLAINTIFFS

The plaintiffs contend that the court should enter a preliminary injunction because the space provided to them by Washington County to confer with their clients at the Washington County Jail is constitutionally inadequate to protect the rights of their clients to the effective assistance of counsel [57]*57as well as their own right to practice their profession and to speak freely.

The plaintiffs explain that they are forced to confer with their clients under circumstances in which they risk (1) the loss of the privilege of attorney-client confidentiality because of the lack of privacy; and (2) the reluctance of clients to be candid in their conversations because others can overhear them and then use those statements against them. The plaintiffs argue that the loss of confidentiality necessary to the provision of the effective assistance of counsel under the Sixth Amendment to the United States Constitution qualifies as irreparable injury for which preliminary relief is required.

CONTENTIONS OF THE DEFENDANT

Washington County contends that the court should dismiss this action because the plaintiffs do not have direct standing to assert that the actions of Washington County have violated the sixth amendment rights of their clients.

Washington County recognizes that a plaintiff may raise the constitutional rights of another when the relationship between the plaintiff and that other party is inextricably entwined. However, Washington County contends that in order for the plaintiffs to raise the sixth amendment rights of then-clients, the claims of the clients under the sixth amendment must be properly before the court and ripe for review.

Washington County contends that the rights of the clients of the plaintiffs are not properly before this court because the issues put forth were resolved by two consent decrees over which the court continues to maintain jurisdiction in Jungwirth v. Barnes, No. 83-634, regarding male inmates at the Washington County Jail, and Davis v. Friese, No. 83-1272, regarding female inmates at the Washington County Jail.

Washington County further contends that the plaintiffs have not demonstrated the probability of success on the merits in that the plaintiffs have not alleged facts to demonstrate that the conditions at the Washington County Jail substantially prejudice the rights of their clients.

APPLICABLE STANDARD FOR MOTION TO DISMISS

A motion to dismiss under Rule 12(b)(6) will only be granted if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Gibson v. United States, 781 F.2d 1334, 1337 (9th Cir.1986), cert. denied, 479 U.S. 1054, 107 S.Ct. 928, 93 L.Ed.2d 979 (1987). The review is limited to the complaint, and all allegations of material fact are taken as true and viewed in the light most favorable to the non-moving party. Cassettari v. Nevada County, Cal.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Robert E. Tucker
716 F.2d 576 (Ninth Circuit, 1983)
Terry M.. Cassettari v. County Of Nevada
824 F.2d 735 (Ninth Circuit, 1987)
Keker v. Procunier
398 F. Supp. 756 (E.D. California, 1975)
Gibson v. United States
781 F.2d 1334 (Ninth Circuit, 1986)
Florida v. Dixon
479 U.S. 1054 (Supreme Court, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
857 F. Supp. 55, 1994 U.S. Dist. LEXIS 9157, 1994 WL 369474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinke-v-washington-county-ord-1994.