Washington, D.C. – Congresswoman Madeleine Dean (D-PA-04), alongside Minority Leader Hakeem Jeffries (D-NY-08), Congresswoman Laurel Lee (R-FL-15), and Congressman Don Bacon (R-NE-02), reintroduced The Effective Assistance of Counsel in the Digital Era Act this week in order to ensure that email communications between incarcerated clients and their lawyers are protected and private. The companion bill in the Senate is lead by Senator Ron Wyden (D-OR) and Senator Cynthia Lummis (R-WY).
Under the Sixth Amendment to the U.S. Constitution, Americans have a right to effective assistance of counsel. Closely related to this right is “attorney-client privilege,” a protection that keeps communications between an individual and their lawyer confidential.
The Federal Bureau of Prisons (BOP) currently recognizes “attorney-client privilege” for scheduled phone calls, snail mail, and in-person communications—but not for email messages. In fact, BOP’s current practice is to deny email access entirely unless prisoners waive their claims to attorney-client privilege.
The Effective Assistance of Counsel in the Digital Era Act offers a solution that would protect confidential lawyer-client emails without compromising security. Specifically, this bipartisan legislation would allow investigative and law enforcement officers to review the contents of prisoner emails with their lawyers only with a warrant and special review procedures designed to prevent the affected emails from being used against the prisoners unfairly.
“Email is a daily tool for personal, educational, and professional purposes, including between lawyers and their clients—yet people incarcerated in federal prisons are not able to access it without compromising their Sixth Amendment rights,” Rep. Dean said. “As our society grows, and our methods of communication change, attorney-client privilege must be protected. I am grateful to Leader Jeffries and our colleagues across the aisle and in the Senate for coming together to defend some of America’s most fundamental rights.”
“Our system of justice depends on the constitutional right to the assistance of counsel for every person accused of a criminal offense,” Leader Jeffries said. “Incarcerated individuals must be able to communicate with their attorneys confidentially. The bipartisan Effective Assistance of Counsel in the Digital Era Act would enable incarcerated individuals to communicate with their legal representatives privately, safely and efficiently by prohibiting the Bureau of Prisons from monitoring privileged electronic communications. I thank Representatives Dean, Bacon and Lee for their leadership on this issue and for reintroducing this incredibly important legislation.”
Full bill text is available here.
Rep. Madeleine Dean is a mother, grandmother, attorney, professor, former four-term member of the Pennsylvania House of Representatives, and U.S. Representative for the Fourth District of Pennsylvania.
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