JAILHOUSE LAWYER
Prison inmates with some knowledge of law who give legal advice and assistance to their fellow inmates.
The important role that jailhouse lawyers
play in the criminal justice system has been rec-
ognized by the U.S. Supreme Court, which has
held that jailhouse lawyers must be permitted to
assist illiterate inmates in filing petitions for
post-conviction relief unless the state provides
some reasonable alternative (Johnson v. Avery,
393 U.S. 483, 89 S. Ct. 747, 21 L. Ed. 2d 718
[1969]).
However, the U.S. Supreme Court also has
recognized that prison authorities may restrict
the activities of prisoners who provide more for-
malized legal advice. For example, in Shaw v.
Murphy, 532 U.S. 223, 121 S. Ct. 1475, 149 L. Ed.
2d 420 (2001), the Court held that prisoners do
not possess a FIRST AMENDMENT right to pro-
vide legal advice to other prisoners. In so ruling,
the Court permitted prison officials to discipline
inmates who do not have authority to assist
other inmates with their legal problems. Kevin
Murphy was one of a number of inmates who
were designated “inmate law clerks” by Montana
prison authorities. Administrators directed cer-
tain inmates to Murphy, who would consult
with them on their legal problems and assist
them with filling out paper work. Montana
authorities maintained control over the clerks
by preventing them from consulting with
inmates without prior approval. Murphy was
disciplined for involving himself in an inmate’s
case without permission, and he took the issue
to court. The U.S. Supreme Court unanimously
