Chapter 5 – Adult Custody and Security Operations

54020.32.6 Attorney Representatives/ Litigation Support Personnel

• An attorney or court may designate, by name and in writing, representatives to interview an inmate or witnesses on behalf of an attorney. Such designated representatives shall be afforded the same accommodations and services as an attorney, providing all other requirements of this Section are met.

• Representatives acting on behalf of an inmate’s attorney shall be one of the following:

  • Private investigator, licensed by any state and sponsored by the attorney or appointed by the court.

  • A law student sponsored by the attorney.

  • An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.

  • A legal paraprofessional sponsored by the attorney or appointed by the court.

  • An investigator who is employed by a government agency, public agency, or public institution.

• Litigation support personnel include, but are not limited to, the following individuals retained or sponsored by the attorney or attorney representative in a formal capacity as specified below:

  • Certified language interpreters, sign language interpreters, and court reporters.

  • Polygraph examiners.

  • Licensed mental or medical health care professionals.

• Such personnel may accompany the attorney or attorney representative during the private consultation in order to assist in the legal process, proceeding, or case investigation.

• With the exception of licensed mental or medical health professionals, the attorney or attorney representative must accompany all litigation support personnel assisting in the performance of legal functions during any private consultation.

• For purposes of this Section, verifiable proof of employment or sponsorship shall be, at minimum, a formal agreement between parties outlining the duties or services to be performed by the designee and the start date of such services.