NCJ Number
11638
Journal
Judicature Volume: 56 Issue: 10 Dated: (MAY 1973) Pages: 406-411
Date Published
1973
Length
6 pages
Annotation
A FEDERAL JUDGE'S OPINION THAT COURTS SHOULD RESPOND TO PRISONER PLAINTIFFS' COMPLAINTS AND LITIGATION.
Abstract
THE AUTHOR CONTENDS THAT THE OATH TAKEN BY ALL FEDERAL JUDGES - TO '...ADMINISTER JUSTICE WITHOUT RESPECT TO PERSONS...DO EQUAL RIGHT TO THE POOR AND TO THE RICH... SUPPORT AND DEFEND THE CONSTITUTION...' APPLIES WITH EQUAL FORCE TO PRISONERS. THE SUPREME COURT, HE EXPLAINS, HAS HELD THAT IT IS THE DUTY OF THE FEDERAL JUDICIARY TO PROTECT THE CONSTITUTIONAL RIGHTS OF PRISONERS AND DECIDE THESE ISSUES FAIRLY WHEN THEY ARE ASSERTED IN COURT. THE BURDEN OF PROOF IN PRISONER LITIGATION SHOULD BE NO DIFFERENT THAN IN OTHER CONSTITUTIONAL PROCEEDINGS. THE COURT SHOULD, HOWEVER, PROVIDE LESS RIGID STANDARDS FOR PRISONER LITIGANTS WITHOUT COUNSEL IN SUCH PROCEDURAL AREAS AS FORMAL PLEADINGS, RULINGS ON MOTIONS TO DISMISS, AND MOTIONS FOR SUMMARY JUDGEMENT, WHILE ENCOURAGING AND ASSISTING THEM TO SECURE ADEQUATE LEGAL REPRESENTATION.