Saturday, July 04, 2020
Hawai'i Free Press

Current Articles | Archives

Tuesday, October 23, 2012
ACLU: Guards Should Stop Listening to Hawaii Prisoners
By News Release @ 11:35 PM :: 9400 Views :: Energy, Environment, National News, Ethics

ACLU Files Amicus Brief on Attorney-Client Confidentiality

CCA Prison Guards Listen to Prisoners’ Privileged Conversations

News Release from ACLU October 23, 2012 (edited to enhance accuracy)

Honolulu: The American Civil Liberties Union of Hawai‘i Foundation (“ACLU”) has filed an amicus curiae brief (also known as a “friend of the court” brief) in United States District Court supporting the Constitutional rights of attorneys and their clients to speak privately, without monitoring and eavesdropping by prison personnel.

The Corrections Corporation of America (“CCA”) is a for-profit company that has a Hawaii government contract worth roughly $60 million a year to house approximately 1,600 Hawaii prisoners on the mainland. CCA maintains a practice of having a guard stand right next to a prisoner when he speaks on the phone with his attorney(s) – a practice which violates the prison industry's own standards. CCA says that this practice does not violate attorney-client privilege because – in their own words – “[a]ny conversation overheard is one-sided and only the inmate’s part of the conversation, not the attorney-client communications.” In other words, because CCA personnel only listen to one side of the conversation, CCA claims to have not interfered with the attorney-client privilege. CCA’s other proposed option is for prisoners to make their confidential attorney calls with other prisoners listening to the calls. This practice poses constitutional concerns as well, and further violates American Bar Association guidelines concerning privacy in phone calls. The ACLU contends the practice of requiring prisoners to reveal confidential information to other prisoners (or to prison staff) is both unconstitutional and a threat to public safety.

CCA is under fire for its onerous cost, geographical isolation and its numerous civil rights violations (because the UPW wants those jobs.) The new ACLU amicus brief comes in the context of a lawsuit by the Native Hawaiian Legal Corporation (“NHLC”) against CCA for CCA’s interference with prisoners’ Hawaiian religious practices. NHLC was forced to make a formal request to the court to prohibit CCA from monitoring their phone calls; a hearing on that motion is scheduled for November 8, 2012.

Senior Staff Attorney Daniel Gluck said: "Due process includes the right to privacy in communications with legal counsel. Simply put, government officials are not allowed to eavesdrop on private conversations with your lawyer. When I personally visited the Saguaro facility in 2009 to meet with prisoners, a CCA lawyer expected to sit four feet away from my interview table and monitor my conversations. Hawaii officials, aware of the phone-monitoring practice, tried to justify it rather than correct it. CCA’s and the State of Hawaii’s disregard for this fundamental right is unacceptable."

The amicus brief is offered in the case of Davis (et al.) v. Abercrombie (et al.), the brief and supporting documents can be found at:


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii


National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii


Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii