Or. Admin. Code § 291-139-0160

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-139-0160 - Legal Assistants

(1) Legal assistants are assigned to work in the facility law library by the library coordinator to help guide and assist other inmates in legal research and document preparation on a prioritized basis as assigned by the library coordinator. A minimum of one legal assistant will be assigned at each Department of Corrections facility that has a law library.

(2) Legal assistants may conduct legal research and prepare legal documents for another inmate only if the inmate is not capable of doing their own legal research and document preparation.

(3) Legal assistants may not discuss the details of another inmate's legal work with other inmates.

(4) Legal assistants may not work for attorneys.

(5) Legal assistants may not charge or receive any form of compensation for assisting another inmate with legal work. Legal assistants who request or receive compensation for legal work are subject to discipline for violation of the department's rules on Prohibited Inmate Conduct (OAR 291-105). Inmates found in violation of the rules of Prohibited Inmate Conduct related to their work in the library may be ineligible for future work assignment as a legal assistant.

(6) Legal assistants may be removed from their work assignment in a facility law library at the discretion of the functional unit manager or designee, in consultation with the Central Library Administrator, for misconduct or other behavior determined to be inconsistent with their work assignment as a legal assistant. Inmates removed from a work assignment as a legal assistant may be ineligible for consideration for future work assignment as a legal assistant.

(7) Possession of Another Inmate's Legal Material:

(a) An inmate legal assistant may temporarily possess and store another inmate's legal documents and other material in the facility law library for purposes of assisting the inmate with the approval of the library coordinator.

(b) The legal assistant must clearly label and store the inmate's legal work in accordance with the library coordinator's instructions.

(c) The legal assistant must return all legal documents and other materials belonging to the inmate upon the conclusion of the assistance or at the direction of the library coordinator. The legal assistant may not retain any copies (electronic or paper) of the inmate's legal documents or other material.

(8) All files and documents prepared or compiled by the legal assistant, regardless of the form or format in which the file is created or maintained (i.e., computerized or hard copy), are subject to cursory review by the library coordinator, the library coordinator's immediate supervisor, and by such other corrections staff as designated by the functional unit manager.

(9) Legal Assistant Eligibility Criteria and Selection:

(a) A GED or high school diploma, non-cash Incentive Level 2 or 3, and a genuine interest in helping inmates with their legal needs are required and determined by interviews conducted by the library coordinator or designated staff.

(b) Qualified applicants will be selected based on, but not limited to, their knowledge of the legal system, legal research abilities, legal writing skills, ability to communicate, and typing skills.

(10) Performance Recognition and Award System (PRAS) Awards: Assigned legal assistants are eligible to receive monthly performance awards in accordance with the department's rules on Performance Recognition and Award System (OAR 291-077).

(11) Assignment and removal of inmate legal assistants by the library coordinator shall not be based upon retaliation for legitimate legal activities done in accordance with these rules.

Or. Admin. Code § 291-139-0160

DOC 13-2017, f. 8-23-17, cert. ef. 9/1/2017

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats Implemented: ORS 179.040, 423.020, 423.030 & 423.075