Chapter 5 – Adult Custody and Security Operations

54020.32.7 Authorization of Attorney Representative

• A letter of authorization to act on the attorney’s behalf shall be signed by the attorney or judge and the designee. The letter must be dated within 180 days of the visit and clearly indicate that the representative is a court appointee or authorized agent of the attorney as appropriate and specific to DOMDepartment Operations Manual 54020.32.6 and shall contain the following:

  • The designee’s name and position of employment or title.

  • The designee’s date of birth, driver’s license, and Social Security number.

  • Certification in the form of a license that the representative is a licensed private investigator retained by the attorney or appointed by the court; or valid identification that the investigator is employed by a government agency, public agency, or public institution; or a letter in the form of a declaration that the attorney representative is being sponsored by the attorney and that the attorney accepts responsibility for all actions taken by the attorney representative.

  • The name and CDCRCalifornia Department of Corrections and Rehabilitation number of the inmate(s) to be visited.

• Designations of litigation support personnel and personnel admitted in accordance with the deposition provisions of DOMDepartment Operations Manual 54020.32 shall be in writing, dated within 30 days of the visit, and signed by the attorney and/or judge.

  • The letter of authorization, required designations, copy of any employment contract or sponsorship agreement, and declaration of purpose of visit shall be submitted to the institution head or designee for review.

  • The letter of authorization shall be presented by the attorney representative or litigation support personnel, along with verifying proof of identity at the time of the scheduled visit and shall be subject to verification.

• In declaring that the attorney assumes full responsibility for the actions of their designees, the attorney is certifying that the designee is performing a recognized legitimate legal function. Therefore, upon proof of misconduct or deliberate misrepresentation of the part of the designee or upon proof that the designee is not employed by or has no verifiable sponsored relationship with the attorney, the attorney risks losing the ability to designate others to act on their behalf or may face suspension of their own attorney visiting privileges on a departmentwide basis in accordance with CCRCalifornia Code of Regulations Section 3178(s).