Bowling Green Lawsuit Challenges Jail’s Access to Counsel

Bowling Green Lawsuit Challenges Jail’s Access to Counsel

BOWLING GREEN, Ky. – A law firm in Bowling Green has taken a stand for inmate rights by filing a lawsuit that raises concerns about limited access to legal counsel at the Warren County Regional Jail.

On Friday, August 23, the Simpson Firm filed the lawsuit on behalf of inmate Michael White. The case highlights problems with the jail’s appointment system for attorney visits, which was first put in place during the COVID-19 pandemic. White’s lawyer, B. Alan Simpson, argues that this system hinders the preservation of due process and other constitutional rights for inmates.

Concerns Over Access

Simpson stated, “I should be able to go over there when I can, whether it’s after court in the middle of the day, on a weekend, at night. It’s the only jail that I’m aware of in the state of Kentucky that basically refuses to follow the law.” He bases the lawsuit on RCR 2.14, which emphasizes the right to contact an attorney. The rule highlights that individuals in custody should have reasonable means to communicate with their legal representation, a right he claims is being ignored by the jail.

Response from the Jail

In response to the lawsuit, the Warren County Regional Jail issued new attorney guest visitation guidelines, which came out on the same day. These guidelines indicate that the jail will adhere to an appointment-based system while also operating on a new schedule with more slots available for attorney visits. However, the document also highlights a significant change: attorneys’ phone messages to inmates will no longer be delivered, which raises more concerns for defense attorneys.

Jailer Stephen Harmon released a statement denying the claims presented in the lawsuit. Harmon emphasized that the jail firmly stands by its appointment-based system for legal visits, maintaining that it meets necessary legal requirements.

A Unique Situation

According to Simpson, the Warren County Regional Jail is the only facility in the region that employs such a restrictive approach to attorney visits. He remarked, “I have clients that are in the Marion County Jail, the Allen County Jail, the Simpson County Jail, the Logan County Jail, Grayson County. I can walk into any of those jails, jails where they don’t know who I am. I can walk in at three in the morning and go in and talk to my client.” This contrast underscores his frustration with what he sees as an unequal and unjust system for inmates at the Warren County facility.

Next Steps in the Legal Battle

Simpson plans to expedite the legal process by requesting a quicker briefing schedule. He is determined to fight the case “until I win it.” He added, “I mean, literally, if this case goes to the Kentucky Supreme Court, I’ll be right here fighting for Mr. White and anyone similarly situated as he is.” This declaration signifies his commitment to advocate for inmates’ rights and to challenge the current visiting policies at the jail.

Ongoing Developments

This story continues to develop, and more details about the lawsuit and the responses from the Warren County Regional Jail are expected shortly. Legal experts and advocates for inmates’ rights will likely be closely watching how this case unfolds, as it could set important precedents regarding access to legal counsel in jails across the state of Kentucky.