johnson avery argued november decided february petitioner tennessee prisoner disciplined violating prison regulation prohibited inmates assisting prisoners preparing writs district held regulation void effect barring illiterate prisoners access federal habeas corpus conflicted appeals reversed finding state interest preserving prison discipline limiting practice law attorneys justified burden regulation might place access federal habeas corpus held absence provision state tennessee reasonable alternative assist illiterate poorly educated inmates preparing petitions relief state may validly enforce regulation absolutely bars inmates furnishing assistance prisoners pp reversed remanded karl warden argued cause petitioner brief pierce winningham thomas fox deputy attorney general tennessee argued cause respondents brief george mccanless attorney general david mcmackin assistant attorney general melvin wulf filed brief american civil liberties union et amici curiae urging reversal thomas lynch attorney general california albert harris assistant attorney general robert granucci george nock deputy attorneys general filed brief state california amicus curiae urging affirmance justice fortas delivered opinion inmate advise assist otherwise contract aid another either without fee prepare writs legal matters intended innocent man punished man believes unlawfully held illegally convicted prepare brief state complaint letter form address lawyer judge formal writ necessary receive hearing false charges untrue complaints may punished inmates forbidden set practitioners purpose promoting business writing writs time district order entered petitioner transferred maximum security building put disciplinary cell block entitled fewer privileges given ordinary prisoners promised refrain assistance inmates restored regular prison conditions privileges second hearing held march district explored issues concerning compliance prison officials initial order hearing reaffirmed earlier order state appealed appeals sixth circuit reversed concluding regulation unlawfully conflict federal right habeas corpus according sixth circuit interest state preserving prison discipline limiting practice law licensed attorneys justified whatever burden regulation might place access federal habeas corpus ii since basic purpose writ enable unlawfully incarcerated obtain freedom fundamental access prisoners courts purpose presenting complaints may denied obstructed example held state may validly make writ available prisoners pay filing fee smith bennett insisted indigent well affluent prisoner proceedings must formality instance state obligated furnish prisoners otherwise able obtain transcript equivalent recordation prior habeas corpus hearings use proceedings long district cf griffin illinois tennessee urges however contested regulation case justified part state disciplinary administration prisons doubt discipline administration state detention facilities state functions subject federal authority paramount federal constitutional statutory rights supervene clear however instances state regulations applicable inmates prison facilities conflict rights regulations may invalidated example lee washington practice racial segregation prisoners justified state necessary maintain good order discipline held however practice constitutionally prohibited although careful point order district affirmed made allowance necessities prison security discipline ex parte hull invalidated state regulation required habeas corpus petitions first submitted prison authorities approved legal investigator parole board properly drawn transmitted state urged requirement necessary maintain prison discipline held regulation violated principle state officers may abridge impair petitioner right apply federal writ habeas corpus cf cochran kansas doubt tennessee constitutionally adopt enforce rule forbidding illiterate poorly educated prisoners file habeas corpus petitions tennessee adopted rule absence source assistance prisoners effectively district concluded practical purposes prisoners assistance lawyer possibly valid constitutional claims never heard record supports conclusion jails penitentiaries include among inmates high percentage persons totally functionally illiterate whose educational attainments slight whose intelligence limited appears equally true tennessee prison facilities federal courts practice appoint counsel proceedings petition relief passes initial judicial evaluation determined issues presented calling evidentiary hearing taylor pegelow cir ex rel marshall wilkins cir see sokol handbook federal habeas corpus held general obligation courts state federal appoint counsel prisoners indicate without wish seek relief see barker ohio cir accordingly initial burden presenting claim relief usually rests upon indigent prisoner help obtain within prison walls prison system case except able help usually old hands exceptionally gifted prisoners prisoner effect denied access courts unless help available indisputable prison writ writers like petitioner sometimes menace prison discipline petitions often unskillful burden courts receive held ex parte hull supra declaring invalid state prison regulation required prisoners legal pleadings screened state officials considerations prompted regulation formulation without merit state officers may abridge impair petitioner right apply federal writ habeas corpus obviously far short showing required demonstrate depriving prisoners assistance fellow inmates tennessee substance deprived unable reasonable adequacy prepare petitions access constitutionally statutorily protected availability writ habeas corpus contrast several public defender system supplies trained attorneys paid public funds available consult prisoners regarding habeas corpus petitions least one state employs senior law students interview advise inmates state prisons another state voluntary program whereby members local bar association make periodic visits prison consult prisoners concerning cases express judgment concerning plans existence indicates techniques available provide alternatives state elects prohibit mutual assistance among inmates even absence alternatives state may impose reasonable restrictions restraints upon acknowledged propensity prisoners abuse giving seeking assistance preparation applications relief example limitations time location activities imposition punishment giving receipt consideration connection activities cf hatfield bailleaux cir sustaining reasonable regulations time location prisoner work petitions unless state provides reasonable alternative assist inmates preparation petitions relief may validly enforce regulation issue barring inmates furnishing assistance prisoners judgment appeals reversed case remanded proceedings consistent opinion reversed remanded footnotes fay noia see note constitutional law prison regulations jailhouse lawyer duke tennessee department correction departmental report fiscal years tennessee procedure provides appointment counsel necessary code ann supp see spector prison librarian looks rev note supra see also rossmoore koenigsberg habeas corpus indigent prisoner rutgers rev time second hearing petitioner case warden testified state considering setting program senior law students vanderbilt law school assist prisoners preparation relief applications whatever may worth petitioner testified stop helping inmates system existence one state designated inmate official prison see note supra reversing district appeals relied power state restrict practice law licensed attorneys source authority prison regulation power control practice law exercised abrogate federally protected rights naacp button sperry florida event type activity involved preparation petitions relief though historically traditionally one may benefit services trained dedicated lawyer function often perhaps generally performed laymen title apparently contemplates many situations petitions federal habeas corpus relief prepared laymen justice douglas concurring join opinion add words emphasis important thesis case increasing complexities governmental apparatus local federal levels made difficult person process claim even make complaint social security virtual maze hierarchy governs urban housing often intricate takes expert know agency jurisdiction particular complaint office call official see noise abatement broken sewer line fallen tree mystery many metropolitan areas person claim assertable faraway washington even helpless evidenced increasing tendency constituents rely congressional delegation identify press process claims think claims grist mill lawyers becoming abundantly clear effort ferreting basis claims agencies responsible preparing almost endless paperwork prosecution work laymen enough lawyers manage supervise affairs much basic work done requires special legal talent yet philosophy legal profession cuts drastically active roles laymen expressed new york denying application neighborhood legal services permission offer broad type service indigents legal assistance corporation supported federal antipoverty funds executive staff responsibility hire discharge staff top lowest lay echelon must lawyers matter action legal services app div poverty lawyers overworked work delegated new york law permits senior law students practice law certain supervised conditions approval must first granted appellate division rung two lower legal profession ladder laymen legal technicians comparable nurses lab assistants medical profession large law firms employ seems reason used legal services programs relieve attorneys professional tasks samore legal services poor albany rev plight man prison may respects even acute plight person outside may need collateral proceedings test legality detention relief management parole system defective detainers lodged create burdens nature incarcerated status may grievances civil nature outside prison imprisonment may give wife grounds divorce factor determining custody children may pressing social security workmen compensation veterans claims demand legal counsel prison heavy supply light private matters civil nature legal counsel indigent prison almost even criminal proceedings sparse statutes providing counsel like california appoint counsel represent indigent prisoner collateral hearings succeeds making prima facie case result counsel hand preparation papers initial decision prisoner claim substance many think prisoner needs help early stage weed frivolous claims legal aid societies sponsored part national legal aid defender association provide counsel prisoners legal aid offices however many pressing obligations civil criminal nature communities among freemen able provide satisfactory assistance prisoners thing true neighborhood legal services offices see function providing legal counsel particular community member leaves soon taken prison cases state public defenders represent man even passes beyond prison walls often public defender general authorization process matters experimented programs designed especially prison community bureau prisons led way program allowing senior law students service federal penitentiary leavenworth kansas since encouraged similar programs lewisburg university pennsylvania law school elsewhere emory university school law provides free legal assistance inmates atlanta federal penitentiary program law school university california los angeles reach inside federal prisons describing university kansas law school program leavenworth legal counsel bureau prisons said experience leavenworth shown attacks upon prison administration prospective frivolous litigation screened law school felt prisoner good cause action relief granted great percentage cases large part activity disposing long outstanding detainers lodged inmates addition program handles civil matters domestic relations problems compensation claims even tangible success fact inmate someone outside listen analyze problems beneficial effect think programs beneficial inmates students staff courts government fails provide prison legal counsel demands prison generates community illiteracy mental deficiency notoriously high enough ask prisoner lawyer without assistance fellow prisoners meritorious claims never see light courtroom cases assistance succeeds speaks even cases fails may provide necessary medium expression unusual subculture created criminal law wherein prisoners exist creatures law use law try reclaim previously enjoyed status society upheavals occurring american social structure reflected within prison environment prisoners real imagined grievances demonstrate protest right peaceably assemble denied avenue open prisoners taking case prison compare dissenters outside prison many said able make positive plans future knew indeterminate sentences end seem feel living vacuum fates determined arbitrarily rather rule law one aptly summed majority view words arrived prison discovered one including prison officials knew long sentence resort fighting case keep psychologically seeking relief courts pursuing course action relieves tensions anxieties created indeterminate sentence system cooperation help laymen well lawyers necessary right easonable access courts available indigents among us new york program funded office economic opportunity oeo noted first rejected new york courts called community action legal services finally approved new york courts board directors lawyers laymen pp reitz federal habeas corpus postconviction remedy state prisoners rev hubanks linde legal services indigent imprisoned legal aid briefcase temin report postconviction services county prison legal aid briefcase note constitutional law prison regulations jailhouse lawyer duke silverstein defense poor criminal cases american state courts preliminary summary amer bar foundation note legal services poor mass legal services symposium catholic law note legal services prison inmates rev uelmen relief federal prisoners survey suggestion rev rev rev stat comment right counsel criminal review proceedings rev see people shipman cal note indigent right counsel collateral proceedings california people shipman rev lawyers generally require least fifty dollar fee travel prisons consult prisoner ones able pay sum must resort next best course action act lawyers disadvantages prisoner obvious lawyer examining prisoner transcripts conducting independent investigation facts immediately advise course action lacking money hire lawyer prisoner must spend considerable time researching law preparing required legal documents filing sometimes years pass prisoner discovers lawyer told several weeks case either lacks merit prisoners militantly prosecuted frivolous actions wasted time devoted preparing release prison state shouldering indigent prisoners responsibility acting counsel dissipated taxpayers money wasted manpower costs larsen prisoner looks rev note legal services poor mass note representation indigent criminal defendants federal district courts harv rev note representation indigents california field study public defender assigned counsel systems stan rev gardiner defects present legal aid service remedies rev note prisoner assistance federal habeas corpus petitions stan rev legal services symposium catholic law mancuso public defender system state california barkin impact changing law upon prison policy prison see matter cornell legal aid clinic app div wilson legal assistance project leavenworth legal aid briefcase note supra note representation indigent criminal defendants federal district courts harv rev note representation indigents california field study public defender assigned counsel systems stan rev sokol handbook federal habeas corpus larsen prisoner looks rev note supra freund remarks symposium habeas corpus proposals reform utah rev larsen prisoner looks rev reasonable access courts right secured constitution laws guaranteed state action due process clause fourteenth amendment far access state prisoners federal courts concerned right recognized ex parte hull right access state prisoners state courts recognized white ragen hatfield bailleaux cir justice white justice black joins dissenting true majority says habeas corpus great writ access courts denied simply man indigent illiterate also true illiterate poorly educated inexperienced indigent adequately help unless secures aid source effectively denied opportunity present courts may valid claims relief mind matters seem clear argument rules unless state provides reasonably adequate alternative may enforce rule inmates furnishing help others preparing petitions say many words apparently extent state duty interfere indigents seeking advice prisoners seems however unless help indigent gets inmates reasonably adequate task surely effectively barred courts accorded help may help effectively refuse indigent pay actually fellow inmate competent help realities prison life leave indigent mercies advising others event problem incompetent needing help exacerbated difficulty courts dealing mounting flow inadequate misconceived petitions majority admits indisputable jailhouse lawyers like petitioner sometimes menace prison discipline petitions often unskillful burden courts receive putting mildly disciplinary problems severe burden courts serious disadvantages prisoner clients jailhouse lawyer unacceptable although jailhouse lawyers doubt capable necessarily best amateur legal minds devoted jailhouse lawyering rather aggressive domineering personalities may predominate may best claims relief served clients weaker gullible many assert aim jailhouse lawyer service truth justice rather profit power according prison officials whose expertise matters given consideration jailhouse lawyer often succeeds establishing power structure quite apart formal system warden guards trusties prison seeks maintain jailhouse lawyer serves may come morally sway one hope release repay obedience minor gifts favors available client refuses pay violence may result jailhouse lawyer may aided clients expected petitions emerge process highest quality codes ethics champerty maintenance frequently little meaning jailhouse lawyer solicits business vigorously petition outright lies may serve jailhouse lawyer purpose since procuring prisoner client short trip jail hearing contentions petition writer credibility convicts improved habeas corpus petitions majority notes relatively easy prepare need set facts giving rise claim relief judge apply law appointing lawyer prisoner giving hearing appropriate fact buttress unregulated jailhouse lawyer system undermines extent easy state claim prisoner need submit mercies jailhouse lawyer extent difficult necessary understand one rights possible set petition facts support may fellow prisoner adequate task well informed articulate prisoners necessarily give advice aid altruism two qualities combined one man sometimes perfectly adequate source help jails characteristically populated intelligent benign capable altruists must rare indeed hand jailhouse clients illiterate whether illiterate others unable prepare petitions need help doubt problem indigent convict solved subjecting false hopes dominance inept representation average unsupervised jailhouse lawyer say therefore petitioner johnson convicted rapist serving life sentence whose prison conduct state wide discretion regulating disciplined violating prison rule aiding prisoners seeking relief particularly showing prisoner tennessee state penitentiary denied access courts johnson confined services need johnson competent give advice offers prisoner testified johnson person available write writ guards prison functionaries furnish necessary help really prisoner client rights jailhouse lawyer need protection problem indigent ignorant convict seeking relief substantial think better course effect sanction encourage spontaneous jailhouse lawyer systems decide matter directly case man needs help case rule state must provide access courts ensuring help reasonably adequate assistance preparing papers ideally perhaps professional help furnished prisoners encouraged seek possible claims receive early complete examination inclined agree justice douglas neither practical necessary require help lawyers opinions case indicate alternatives various burden impossible discharge requirement might even met establishment system regulated trusties prison advise prisoners legal rights selection jailhouse lawyers prison officials scholarship character might assure inmate client received advice actually help regulation practice authorities reduce likelihood coerced fees blackmail legislative judgment sustained concluding evils jailhouse lawyering justify proscription might also support legislative conclusion jailhouse lawyering carefully controlled conditions satisfies prisoner constitutional right help regretfully therefore dissent krause lawyer looks rev spector prison librarian looks rev note constitutional law prison regulations jailhouse lawyer duke note legal services prison inmates rev note prisoner assistance federal habeas corpus petitions stan rev