Several criminal defense attorneys say the Stanislaus County Sheriff's Department is keeping them from doing their jobs by preventing them from meeting face-to-face with their incarcerated clients.
It's been nearly eight months since the department put in place a policy that keeps the 650 inmates at the Public Safety Center separated from their attorneys by a glass partition, with only telephones and a mail slot to communicate.
They argue that holds up justice.
"Every criminal defendant has the same right, whether you're charged with sleeping in the park, carjacking or killing someone," said defense attorney Martin Baker.
On Tuesday, Baker told a judge he couldn't be ready for an upcoming carjacking trial because he was denied the right to review evidence with his client, who faces a possible life sentence, in person.
Baker called the policy an "intentional interference" with the attorney-client relationship, and said he plans to seek dismissals in his cases nearing trial if the current system isn't remedied.
Veteran lawyer Ramon Magaña got an in-person meeting with a client facing a murder rap but said it took him multiple phone calls over several days to set up.
"It's not as if I was going to see someone who got a speeding ticket or was charged with disturbing the peace," Magaña said. "It's discouraging. The process has become burdensome."
Exceptions are made only for "large amounts" of paperwork, video or audio evidence or death penalty cases, said Lt. Gregg Clifton, who oversees the Public Safety Center.
The Sheriff's Department said employees from the front lobby clerks on up can make decisions on whether to allow access on a case-by-case basis. Clifton said he has personally fielded and approved just 12 requests in eight months. Lawyers continue to have contact visits at the downtown jail, which is not equipped with visitor booths.
Clifton said those upset with the policy are in the minority.
"The majority of them are just attorneys coming in for less than five minutes," Clifton said. "(Some) just don't like the fact that they can't have the face-to-face. Some are just adamant about it not being right."
Clifton and Sheriff Adam Christianson cited safety concerns when they instituted the policy in June. They said inmate assaults rose 21 percent last year from 2008.
But several lawyers said they know and accept the risks and point to others, such as GED tutors, counselors and psychiatrists, who are allowed contact with the inmates.
"I've been there when they had outbreaks of tuberculosis. I've been there when they had outbreaks of meningitis, all sorts of problems," said attorney Bob Chase, who has practiced here for 35 years. "My job is to talk to my client and take the risk that's involved with it."
In August 2007, a local judge struck down another Sheriff's Department policy that banned lawyers from meeting with incarcerated clients during mealtimes.
The ruling granted an 8 a.m. to 9 p.m. visiting period for lawyers in felony cases.
"Counsel must be allowed access and time to consult with their in-custody client," Superior Court Judge Donald Shaver wrote.
Attorney Bill Miller, who fought the Sheriff's Department policy, said he sees similarities with the current limitations at the Public Safety Center.
"Not only do we need to get in and talk to our clients, we need to talk to our clients in a protective, meaningful way," Miller said. "Through the glass is not easy."
Bee staff writer Merrill Balassone can be reached at mbalassone@modbee.com or 578-2337.
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