What is Prisoners’ Legal Services of New York?
Prisoners’ Legal Services of New York was first established in 1976 to serve as a legal services program for those in the New York state prison system. The organization’s Mission Statement aims to "provide essential legal representation and support to ensure the fair administration of justice for incarcerated individuals in New York State." Prisoners’ Legal Services’ goal remains to ensure that everyone in New York’s state prison system has access to essential legal services, free of charge. Its team strives to provide services to incarcerated individuals, whether or not they are eligible for Legal Aid Society representation .
Prisoners’ Legal Services’ operates statewide, providing services to clients in 56 different facilities, including upstate county and New York State penitentiaries, as well as in federal facilities. It is a non-profit organization that receives its funding from private and institutional donors as well as from government grants. The organization works for criminal justice reform and more particularly, it advocates for offenders’ rights and specializes in helping clients with disciplinary confinement in prison, parole, clemency, working with local prosecutors and public defenders, and seeking post-conviction relief.
Rights of New York State Inmates
Prisoners in New York State correctional facilities, including the New York City jail system, are protected by legal rights. For starters, the 8th Amendment to the United States Constitution protects prisoners from harsh and unusually severe punishment. The U.S. Constitution also prohibits denying prisoners their 14th Amendment right to due process of law, including the right to be treated fairly.
No matter their pasts or charges, prisoners in New York State have a right to humane treatment. They must be provided with the basic necessities of life, such as food, clothing, bedding, and medical care. Prison officials may not treat prisoners cruelly, abuse them, discriminate against them, or give them nominally similar treatment to prisoners of a different race, ethnicity, national origin, or religion.
The law allows prisoners to petition the court for the right to send and receive mail. These petitions must be submitted to the State Supreme Court on a Petition for Writ of Habeas Corpus form.
Prisoners have the right to an attorney. If they’re wealthy, they can hire any private attorney they choose. If they’re indigent, the court will appoint a public defender to represent them.
Services Provided by Prisoners’ Legal Services
Prisoners’ Legal Services of New York encompasses a wide range of practice. While their core services focus on full representation, particularly in habeas corpus proceedings, they are also involved in the drafting and litigation of class actions. The organization does appellate work in the Federal Second Circuit and the New York State Court of Appeals, and Pennachio advises statewide groups on issues such as mental health laws and developmentally disabled patients. They have taken on prisoners’ rights cases such as Nelson v. Preiser, encompassing the treatment of mentally competent prisoners taking medication for pre-existing conditions, and Giddings v. Staley, the perceived excessiveness of disciplinary sanctions for infractions committed in disciplinary units. They offer pro se legal clinics and volunteer-oriented pro bono outreach efforts to include incarcerated clients into the firm’s work, and have a volunteer program that trains and utilizes lawyers and pre-law students to assist in conducting pro se clinics, undertake research projects and get involved in other areas. They conduct outreach programs to keep attorneys and the general public aware of current issues and volunteer opportunities, including town hall meetings and forums.
Success Stories and Impact
Prisoners’ Legal Services of New York has secured significant victories for its clients, helping numerous inmates obtain better treatment and conditions, reduced sentences, and – in some cases – release from prison. Some of the most notable cases in which these lawyers have succeeded include those in which they obtained medical care for terminally ill inmates, helped those with psychiatric issues secure care , and convinced courts that punishment received for prison infractions was excessive or unjust. One recent case involved the release of an inmate who had spent over 30 years behind bars, when it could be proven that there was clear prosecutorial misconduct in the original conviction.
These and other cases have made a tangible difference in the lives of many, not only within the correctional system but also well beyond. That level of representation has been free to clients, making the non-profit, pro-bono work of Prisoners’ Legal Services of New York an invaluable resource for many.
Challenges Faced by Legal Service Providers
Prisoners’ Legal Services of New York is one of several organizations statewide that are confronting the challenge of providing adequate legal services to those who need them the most but can least afford them. Although the current administration has provided important support for public defense and civil legal aid, funding for prisoners’ legal services remains sparse. The result is a small organization with a large obligation and limited resources.
Boston Bar Association deputy director Laura Goldin was formerly a Prisoner Rights attorney with the Massachusetts Public Defender’s Office. In her experience, prisoner right to counsel issues "are the biggest problem on the civil side of the house." In New York, where attorneys are comparatively well paid statewide, it is difficult to find Law School graduates willing to work year after year at non-professional salaries. Public defenders are faced with the same dilemma. As soon as they build the professional skills to be effective defenders, it becomes possible to earn more at public defender social justice organizations or for-profit firms. This cycle of attrition and mounting caseloads undermines the perceived effectiveness of the few who remain. The work is compelling and every day attorneys are moved to accomplish more by their clients and the difference they make in the lives of prisoners. But the dream of responsible representation remains a distant goal.
How to Get Involved
There are a number of ways that you can help Prisoners’ Legal Services of New York. In addition to donating funds, the organization actively accepts volunteers who are willing to offer their time to help support its mission. Whether as a law student, attorney or volunteer advocate, the Prisoners’ Legal Services of New York offers a legal internship program to those looking to gain experience in the legal services arena. Interns must be willing to commit at least 10 hours per week for six months, with preference given to those with longer commitments. All work performed by interns is overseen by a staff attorney who provides heighted training and support . Interns will respond to customer inquiries, conduct legal research, file complaints, maintain and update files and data, maintain, and organize client files. Interns may also be called upon to assist with trial preparation. At the end of the internship, participants are awarded certificates recognizing their public interest work and contributions to the PLSNY. Attorneys in the community have also joined the fight for equality behind bars. Their direct legal representation has earned PLSNY awards and recognition in the past from various organizations and is critical to providing quality legal counsel to inmates in need of help.