The Division of Prisons recognizes the importance of residents being able to meet with their attorneys.
- Attorneys, attorney's agents, and court appointed professional experts can access the department's standard operating procedure, rules, and application at the following links:
- Attorney and attorney agent must schedule with the facility at least 24 hours in advance. Normal access times are between 8 a.m. and 4 p.m., Monday through Friday.
- Residents may take legal work to a meeting with his/her attorney, but is not allowed to return to their housing unit to obtain additional materials. These materials are subject to search for contraband.
- Attorneys are not required to complete an application, but are verified typically by presenting their Idaho Bar Association card at the facility or may be verified using Tucker’s Legal Directory, or by contacting the Idaho Bar Association.
- Attorneys and attorney's agents must follow the dress code described in Rules for Meeting with Residents.
- Meeting with groups of residents is only permitted after a Deputy Attorney General assigned to the Department has verified class certification or co-parties.
- Attorney and attorney agent meetings will be conducted in accordance with the custody level of the facility. Non-contact meeting areas might be used when staffing prevents direct contact during the meetings.
- There will be no exchange of items between the attorney and resident without the specific authorization of the facility head or designee.
- If so ordered by a court with jurisdiction, professional experts may have contact with residents. Court-ordered professional experts can bring testing equipment and supplies that are specifically listed in the court order. At least 48 hours before the testing, the expert must submit by email or facsimile, a list of the equipment, a description of how the resident will be in contact with the equipment, the purpose of the equipment, and an estimate of the time needed for the procedure. All testing equipment and supplies will be searched upon entering and exiting the facility. The expert must briefly turn on and demonstrate all electronic equipment. If the resident is housed in administrative segregation and removal of restraints is necessary for the testing, the expert must sign a waiver of liability before staff will remove the restraints.
Attorneys who are not an attorney of record for a resident may meet with the resident up to three times.