Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 486.00 - Attorney Access At Massachusetts Correctional Institutions
Section 486.06 - General Requirements
Current through Register 1531, September 27, 2024
(1) An attorney shall be entitled to access as provided in 103 CMR 486.00 for the purpose of establishing or furthering an attorney/client relationship or for the purpose of interviewing a witness for pending or potential litigation or an administrative hearing in which the attorney represents a party, in each case if the inmate with whom he or she wishes to visit agrees to such a visit. An attorney may be required to identify the purpose of a visit as conforming to the specifications of the foregoing sentence but shall not be required to disclose the purpose of a visit or the nature of his or her business in any greater detail.
(2) A law student shall be entitled to access as provided in 103 CMR 486.00 for the purposes specified in 103 CMR 486.06(1), if the law student is working under the authorization and supervision of an attorney, provided:
(3) A paralegal shall be entitled to access as provided in 103 CMR 486.00 for the purposes specified in 103 CMR 486.06(1) if the paralegal is working under the authorization and supervision of an attorney, provided:
No provision in 103 CMR 486.00 shall be interpreted to permit representation of an inmate by a paralegal at a Department of Correction disciplinary or classification hearing.
(4) A private investigator who is licensed pursuant to M.G.L. c. 147, § 25, or is exempt from said licensing requirements pursuant to M.G.L. c. 147, § 23, and is working under the authorization and supervision of an attorney or a pro se litigant, or has been appointed by a court of competent jurisdiction to an active legal matter, shall be entitled to access as provided in 103 CMR 486.00 for the purposes specified in 103 CMR 486.06(1), provided:
Law student, paralegals, and private investigators shall have access to the attorney/client rooms, provided one is available for use. Attorneys shall be given priority when requesting use of attorney/client rooms should there be limited availability.
(5) Interpreters shall be entitled to access as provided in 103 CMR 486.00 for the purposes of assisting an attorney, and shall not have access under 103 CMR 486.00 unless accompanied by an attorney.