Administrators at the St. Louis City Justice Center wasted no time violating a judge’s order telling them to allow attorneys to pass their clients legal paperwork relevant to their cases.
According to an email that public defender Matthew Mahaffey sent to top jail administrators, one of his attorneys went to meet a client yesterday in the jail and found the paper pass to be locked.
That was just one day after Circuit Court Judge Elizabeth Hogan wrote an order to both Jail Commissioner Jennifer Clemons-Abdullah and Sheriff Vernon Betts declaring they stop any policies that restrict detainees’ access to counsel.
The paper pass is a narrow slot in the glass through which lawyers meet their clients in the city jail. The slot allows lawyers to share legal documents with incarcerated clients. Administrators had ordered it closed earlier this month, citing concerns about lawyers passing contraband through it — though lawyers questioned whether it was retaliation for a high-profile photo one publicized showing jail conditions.
Hogan said the paper pass needed to be opened. She also said that that rule barring attorneys from bringing phones with them to client visits needs to go, too.
Hogan said her order needed to be implemented “effective immediately.”
"Kudos to the court for recognizing and taking this seriously," says Mahaffey, who is the head of the St. Louis Trial Office of public defenders.
But the very next day, according to Mahaffey’s email, public defender Matt Waltz met with a client at the jail. Waltz asked that the paper pass be opened. Staff denied the request.
“Is it the intention of the City Justice Center to ignore the existing Administrative Order from April 23?” wrote Mahaffey.
Mahaffey tells the RFT that it's fundamental for attorneys to be able to hand their clients legal papers.
"By being denied the paper pass, clients are denied a timely way to sign releases, review new documents and discovery, review proposed filings, and fill out applications," he told the RFT via text. "It also creates less efficiency in a place already grossly inefficient and burdensome with regard to access to clients."
The apparent defiance of the judge’s order is the latest in what is looking more and more like a battle of wills between the jail and criminal defense attorneys; any time lawyers cry foul, the jail seems to double down on the policies that caused the lawyers to get upset in the first place.
Past months have seen numerous rows between attorneys and jailers — the latter camp including both the jail administration itself and the city sheriff’s office. At issue has been everything from attorney cellphones to detainee access to clients being held in the jail showing up for interviews in only their underpants.
Mahaffey says that as of late this morning, his email has gotten no reply.
He also stresses that attorneys don't face these sorts of hurdles at other area jails.
"The difference between the experience of a professional at the CJC versus the [St. Louis] County jail is stark," he said. "The former treats everyone with skepticism, a lack of transparency and flippancy, defensiveness, and/or silence when legitimate complaints are brought."
We reached out to the Department of Public Safety and will update the story when we hear back.
You can read Judge Hogan's order below.
UPDATE: Department of Public Safety spokesman Monte Chambers sent the RFT a statement late this afternoon.
"The City Justice Center has measures in place to restrict and minimize the introduction of hard contraband. Hard contraband is prohibited, such as an items, liquids, or intoxicants, that are not distributed through the normal means of operating a facility. The increase in security measures stems from the introduction of controlled substances such as K2, fentanyl, and cell phone devices. In 2022, a correctional officer pleaded guilty for introduction of fentanyl into the Justice Center," Chambers said. "Also, in 2022, a Public Defender met with an inmate and provided non-legal documents which smelled of K2 which resulted in the attorney admitting to the documents but was not aware of any substance on the documents. In 2023, we found a detainee had called a victim in his case. In the past 6 months, over 5 cellular phones have been found on detainees that have been housed in CJC for over a year on serious charges."
He added, "The order has been received, and communication is being made with Judge Hogan. Upon attempting to reach Judge Hogan, she was unavailable for comment due to trial."
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