The Vermont Supreme Court has dismissed a case against a person acting as a jailhouse lawyer. The state was pursuing criminal charges against Serendipity Morales, who helped fellow inmates draft court motions.
Morales is an inmate at the Marble Valley Regional Correctional Center.
Morales received no compensation for her help but the state argued that her actions amounted to practicing law without a license.
The court said it did not find probable cause that Morales had committed the unauthorized practice of law.
Emily Tredeau, who represented Morales, ssys the court’s dismissal of the case is significant.
“It protects jailhouse lawyering, which is how hundreds if not thousands of people in the state of Vermont first access the courts," Tredeau said. "What’s really important to the court in this case is that Ms. Morales was acting for free."
Tredeau says her client is thrilled that she can continue her work and that her name is on a case that represents a victory for jailhouse lawyers.
In dismissing the case, the court cited a number of considerations, including the fact that jailhouse lawyers are “a well-established fixture in the justice system.”
The court also said that inmates face challenges accessing legal advice. “Many important prisoners’ rights cases were initially filed by prisoners who were not represented by lawyers,” the court said.