Tag Archives: Judge Donna Mowrer

Constitution trumps jail security

Score one for the Sixth Amendment to the U.S. Constitution.

A district judge has ruled that the Roosevelt County, N.M., policy restricting jail inmates’ visitation with their attorneys is unconstitutional.

http://www.newschannel10.com/story/28826840/judge-rules-restricted-attorney-access-at-area-jail-unconstitutional

The policy was enacted after some inmate escapes at the Portales lockup. Sheriff’s department officials restricted the days and times attorneys could visit their clients. State District Judge Donna Mowrer said the restrictions violated constitutional guarantees that inmates were entitled to meet with their attorneys whenever they wished.

The county said the restrictions were enacted out of security and staffing concerns.

I’m with the judge on this one.

Inmates mustn’t be denied access to their lawyers, who in some cases are the only people in their lives.

A lawyer, Eric Dixon, protested the restrictions, citing an occasional inability to visit clients incarcerated because his weekday work schedule prevented him from getting to the jail until after hours.

Constitutional protections should be honored whenever possible. It seems to be the Roosevelt County jail administration is in a position to follow the tenets set forth in our nation’s founding document.