A complaint against San Mateo County and the Sheriff’s Office alleges jail inmate communications with attorneys are being surveilled without proper warning or notification, violating the First and Sixth amendments.
The complaint alleges the Sheriff’s Office has altered policies and procedures around attorney-client communication within San Mateo County jails and violates the privacy of attorney-client privilege. The Sheriff’s Office is using a new system from Smart Communications Holding of Florida that functions like emails but is monitored and read by San Mateo County sheriff’s deputies. Ara Jabagchourian, who represents attorney clients, said the Sheriff’s Office had not implemented a blocking feature that prohibits reviewing confidential attorney messaging.
The complaint alleges the Sheriff’s Office should not have access to inmates’ electronic messages with attorneys, and the Sheriff’s Office refused to implement and or permit Smart Communications to implement the attorney-client blocking feature. Instead, it has reviewed all electronic messages, including attorney-client messages. According to the lawsuit, the Sheriff’s Office then supplies the information to the San Mateo County District Attorney’s Office without notice to the inmates or outside parties. The complaint provided an example of a Sheriff’s Office personnel viewing a prisoner’s messages, including communication marked as attorney-client privilege, and provided it to the DA’s Office for use.
Jabagchourian hopes a preliminary injunction will stop the unfair practice, including the practice of having jail letters scanned and reviewed through the same communication system. Jabagchourian said the policies would likely have a chilling effect on attorney-client communication if it hasn’t already.
“I hope we can get resolution sooner or later, so their rights are no longer trampled upon,” Jabagchourian said.
The complaint was filed Sept. 1 in the U.S. District Court of the Northern District of California against San Mateo County, Sheriff Carlos Bolanos, and Frank Dal Porto, a San Mateo County Sheriff’s Office captain.
San Mateo County Attorney John Nibbelin said once the county is officially served with the complaint, it will respond appropriately.
“We are aware of the complaint, and we are of the view we are handling attorney-client correspondence consistent with the law,” Nibbelin said.
The Smart Communications website says those screened and approved for professional accounts like attorneys are exempt from their information content shared with correctional facilities to maintain attorney-client privilege. However, Jabagchourian contends the Sheriff’s Office had not followed that policy.
Jabagchourian argues the Sheriff’s Office’s refusal to post adequate warning notices to attorneys and implement the blocking feature infringes on the attorney’s ability to communicate with prisoners in the jail. He contends the issue leads to violations of the First and Sixth amendments, which give the right to effective assistance of counsel. It argues the Sheriff’s Office’s policies of monitoring the electronic messaging system make it impossible to communicate confidentially between attorneys and clients and results in those who want to avoid government review must rely on slower and costlier forms of communication through mail and in-person visit. The issue could also prevent confidential communication and increase costs and in-person visits.
The lawsuit calls on the Sheriff’s Office to implement the electronic message system’s blocking function and provide adequate warnings. It also asks that any paper mail no longer be scanned and transmitted electronically to the inmate through the Smartinmate Electronic Messaging System. San Mateo County has used Smart Communication Holding since September 2021 and lasts through August 2024. The lawsuit was filed on behalf of Curtis Briggs, Robert Canny and Matthew Murrillo. The three are attorneys with clients in the jails who use the new communications system to discuss their cases. The county operates two jails, the Maguire Correctional Facility and the Maple Street Correctional Center, both in Redwood City. The jails house around 1,200 people total on average.
(1) comment
What the heck has Bolanos done this time? He visits seedy brothels in Vegas, helps his buddies out of state with Batmobiles, and now this. So glad he got voted out (resoundingly), and can't wait for this corrupt guy to leave office!
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