Jailhouse Law—Lawyering as an Inmate
An interview with Phillip Miller
Jailhouse lawyers are inmates who help other inmates with legal filings while in prison. They handle matters from divorce to criminal appeals to claims against prison officials. They write motions and briefs and counsel clients; short of court representation, they provide the range of legal services that a licensed lawyer would. While the Supreme Court has recognized the importance of jailhouse lawyers in prisons where access to the courts is limited, jailhouse lawyers still operate in a legal gray area in many jurisdictions. Phillip Miller, a former jailhouse lawyer, explains how jailhouse lawyering works in practice and the crucial role that jailhouse lawyers play in the American penal system.
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About Phillip Miller
“Providing law libraries is not enough. It doesn’t mean that [inmates] can actually read and understand what they’re reading… and figure out how to apply it to the facts of their case.”
Phillip Miller is the former Associate Director of Policy at the Correctional Association of New York (CANY). CANY is the only independent organization in New York with authority under state law to monitor prisons and reports its findings to the legislature and the broader public. Previously, he worked with individuals affected by employment and housing discrimination resulting from their criminal histories at the Legal Action Center. He has also worked as a litigation paralegal, working on criminal defense and prison conditions issues. He has experience working with at-risk youth in attempts to dissuade them from making decisions that might lead to incarceration. Miller is formerly incarcerated and developed a passion for law while working as a “jailhouse lawyer” for 17 years of his 20-year sentence.
