We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

FEDERAL DEFENDERS WIN REMAND AGAINST BOP

Last winter, during the water and electrical breakdowns at MDC Brooklyn, the Federal public defenders organization sued the BOP and then-Warden Herman Quay, claiming they curtailed inmate-attorney visits in violation of the Administrative Procedure Act and the 6th Amendment. A district court threw the suit out, ruling that the Federal Defenders lacked the right to bring the action.

Last week, the 2nd Circuit reversed. It ruled that the district court failed to consider BOP regulations in its zone-of-interests analysis and misconstrued the 6th Amendment claim: the Federal Defenders invoked the court’s traditional equitable powers in the 6th Amendment claim against Defendants, but the district court treated the claim as arising under the Constitution itself.

The Circuit remanded the case, and directed the district court “to consider appointing a master to mediate the parties’ differences at the earliest possible time to ensure that the Federal Defenders have meaningful, continuous access to their clients either in person or by remote access pending adjudication of these claims, as these claims may be amended to address similar issues of access arising during the current public health emergency.”

On Tuesday, the District Court appointed former Attorney General Loretta Lynch, now a partner at white-shoe law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP, to referee the dispute. My read is that the 2nd Circuit wants this case settled, and wants the attorneys and their clients to come out on top.

Federal Defenders of New York v. BOP, 2020 U.S. App. LEXIS 8845 (2nd Cir Mar 20, 2020)

Law 360, Loretta Lynch To Referee Dispute Over Detainees’ Atty Access (March 24, 2020)

– Thomas L. Root