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...benefited inmates, who are often unaware of their legal rights, and law students who are given the chance to apply their legal studies to real world problems. While the program is widely acclaimed as a success, its viability was recently put in jeopardy when the Massachusetts Department of Corrections (DOC) decided to consider prohibiting all first-year and some second-year students from participation. These students make up the vast majority of PLAP participants and this decision will severely undermine the organization’s ability to provide this service...
...DOC contends that its review of their policy towards PLAP was prompted by a Massachusetts Supreme Judicial Court rule that says only third-year law students can participate in legal advocacy groups. But lawyers who are familiar with PLAP argue that the Supreme Judicial Court rule does not apply to law students in the program who are providing legal advice on internal DOC matters and not appearing in court. Furthermore, the rule is not new, but PLAP has been working in the prison system for over 30 years without contention. It was only during a routine review 18 months...
...DOC cites the lack of legal training as its main reason for barring first and second year law students from participation in the program. According to PLAP’s supervising lawyer John Fitzpatrick, this excuse is tenuous at best. “A lot of time and resources are invested in training before students go out and do their first hearing,” Fitzpatrick told The Crimson. Fitzpatrick helps to prepare new law students for participation in PLAP through one-on-one training; a mentoring program also connects young law students to more experienced program participants. Fitzpatrick noted...
Fitzpatrick added that the DOC had provided no evidence to prove that younger students give less adequate counsel...
...DOC acknowledges that the new rule would make significantly less representation available for inmates. But Latini said that he hoped the schools could adjust...