Federal Appeals Court Slams Idaho Prison Officials For Ethics Violations and Retaliations Against Prisoners

FOR IMMEDIATE RELEASE

July 11, 2001

In a ruling that is sure to deter future ethical violations by Idaho state attorneys, the Ninth Circuit Court of Appeals issued a stinging rebuke of two deputies attorney general who improperly acquired and used privileged and confidential litigation materials that attorneys for the American Civil Liberties Union had sent to inmates.

The Circuit Court also affirmed that the Idaho Department of Corrections, two Idaho prisons, and several Idaho officials had unconstitutionally retaliated against six inmates who filed lawsuits or availed themselves of grievance procedures.

ACLU attorneys said they hope that the Court’s strongly worded opinion will prevent future retaliations by Idaho prison officials against inmates who seek to exercise their constitutional rights.

"We are very happy for our clients," said ACLU attorney Stephen Pevar. "They deserve the credit because they took all the risks. They knew full well - as the Court found - that inmates who challenge illegal actions of Idaho prison officials face retaliation. We are proud to have represented them in this very important case."

Addressing the sanctions ordered by the federal magistrate against two deputies attorney general for Idaho, the court stated:

Department counsel’s actions in this case do not pass even the most lenient ethical ‘smell test.’ They knowingly disregarded advice from the bar counsel and bypassed questions of ethics in an effort to gain advantage in this litigation. Despite their roles as officers of the court, they failed to inform the court of their possession of the privileged materials until eight months after the first acquisition… we conclude that the district court did not abuse its discretion in finding that the attorneys acted in bad faith and in imposing sanctions under the court’s inherent power.

The state may now request an en banc hearing by the full Ninth Circuit Court of Appeals, or it may seek review of the decision by the U.S. Supreme Court.

The court’s decision can be found at www.ce9.uscourts.gov, click on "opinions," and then click on "Gomez v. Vernon" under July opinions.