Cockamamie Concept! Who’s responsible?

I’m going to begin by stating that we completely understand the depth of the current drug crisis in Michigan prisons. Having said that, I’m going to add that, in hoping to ease the drug problem the Michigan Department of Corrections has adopted an idea that not only makes no sense, but misses the point. The bigger question, then, is: Who’s to blame for this bad idea?

Here’s the new policy in a nutshell, to take effect on January 5. ALL confidential and legal mail sent to prisoners will be photocopied, and the original documents then shredded. The department frames this as a "common sense" measure to curb the flow of synthetic drugs. 

Brad Warner, on the HFP staff, testified before a House Appropriations subcommittee the other day. He told state representatives that Michigan is looking at the wrong target. 

“The department's justification rests on the claim that legal mail is a primary vector for contraband. However, this narrative collapses under scrutiny. Everyone familiar with the system—including those living and working within it—knows that the overwhelming majority of contraband, including the synthetic drugs cited by the MDOC, does not enter through legal envelopes. It enters through the front gate.”

 He adds: 

“Consider the thousands of smartphones, chargers, and SIM cards confiscated inside Michigan prisons annually. These items cannot be flattened into a legal envelope.” 

Brad speaks from personal experience. He spent more than 33 years behind bars! 

We see two issues here: a constitutional concern and a dramatic cost increase. 

First, the constitution. We contend that when someone must photocopy legal documents, then shred the originals, that person has privy to that material. So much for attorney/client confidentiality. Some of our legal consultants agree. When I questioned legalknowledgebase as to what constitutional amendment is violated when the attorney-client privilege is violated, I received this answer. 

“2d 852, 863 (9th Cir. 1992) (“[A] violation of the attorney-client privilege implicates the Sixth Amendment right to counsel . . . when the government interferes with the relationship between a criminal defendant and his attorney.” 

The second issue is cost. There are 32,000 men and women in our state prisons. If implemented, just imagine the cost of reams and reams of paper containing their legal documents. In addition, consider the manpower hours involved in carrying out this project.

Now to the question of who is to blame. It would be easy to blame the department. Those are the people who made the announcement. But, our Brad lays the blame right where it belongs. 

He points out that, for years, the state has stripped away competitive wages, gutted pensions, and eroded the benefits that used to make "Corrections Officer" a career of high integrity. That’s how to lose the good guys, creating a staffing crisis. The result: a workforce that is overworked, underpaid, underappreciated, and unfortunately, susceptible to corruption. 

Our Michigan legislature must not only accept the blame, but do something about it. In his testimony, Brad urged lawmakers to give the administration the resources and the leverage they need to hire the best, retain the best, and “have the fortitude to purge the bad actors who are actually bringing the drugs in.” 

And finally, the question of how we can and must respond. Our state legislators are elected to office, which means that they listen to voters. If you agree with our position, please contact the men and women who represent you in the State of Michigan legislature. Time is of the essence.