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Petitioner Denied Right to Assistance of Counsel—Dismissal and Expungement Ordered

The Third Department determined the inmate was denied his right to “seek and receive the assistance of attorneys” requiring dismissal and expungement:

Petitioner here sought to discuss the disciplinary proceedings with retained counsel, but prison officials prohibited personal and telephonic contact between the two prior to the disciplinary hearing.  To be sure, inmates do not “have a right to either retained or appointed counsel in disciplinary proceedings” … .  They remain, however, entitled to “a reasonable opportunity to seek and receive the assistance of attorneys” with regard to issues of concern to them … .  Petitioner was deprived of such an opportunity, which amounted to unjustifiable interference with his right to “marshal the facts and prepare a defense” under the circumstances of this case and requires dismissal of the remaining charge and expungement from his institutional record … .  Matter of Jeckel v NYS Dept of Corr, 515391, 3rd Dept 11-27-13

ATTORNEYS, RIGHT TO COUNSEL

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