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What Is A Jailhouse Lawyer?

In its decision in Johnson v. Avery, the U.S. Supreme Court held that “in the absence of some provision by the State…for a reasonable alternative to assist” prisoners, “the State may not validly enforce a regulation which absolutely bars” incarcerated individuals “from furnishing such assistance to other prisoners.” The Court noted that “the initial burden of presenting a claim” usually “rests upon the indigent prisoner himself with such help as he can obtain within the prison walls or the prison system,” and held that “[i]n the case of all except those who are able to help themselves — usually a few old hands or exceptionally gifted prisoners — the prisoner is, in effect, denied access to the courts unless such help is available.”

PLAN recognizes the critical importance of jailhouse lawyers and prison paralegals to most incarcerated individuals’ access to the courts. In addition to the direct services that PLAN provides to people inside, PLAN also supports the efforts of jailhouse lawyers and prison paralegals through cost-free legal resources and a community of professionals who value their skills.

The PLAN community includes not only attorneys, legal workers, and law students, but also more than 1,000 jailhouse lawyers and prison paralegals across the country, some of whom serve in leadership roles in the organization. Jailhouse lawyers help PLAN assess facilities’ compliance with policy and consent decrees, and provide important strategic insights and subject matter expertise to PLAN legal teams. Some jailhouse lawyers have decades of experience applying prisoners’ rights law and possess formidable legal skill. Meaningfully collaborating with directly impacted advocates is an invaluable, and largely unique, component of the PLAN Law Clerkship Program insofar as PLAN sees these valued community members not only as service recipients, but also as colleagues.