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Judge Defines "Technologically State of the Art Law Firm" in Context of Detainee Case
A military judge ruled that five CIA-held detainees representing themselves pro se are entitled to use of a laptop with at least 12 hours of battery power to review documents produced in their case, but not to other 21st century accoutrements of "technologically advanced law firms" such as PowerPoint, scanners, a DVD writer and Internet access, reports The Miami Herald. (H/T How Appealing.) The three-page ruling, available here, concluded that laptop use, as well as access to various pleadings and rulings from other related cases, constitute "materials necessary for the preparation of the defense." However, the court stated that "reasonable access does not equate a right to be placed on the same footing as a technologically state of the art law firm," and thus, denied the defendants' request for Internet, PowerPoint, printers and scanners.
I'm not sure where this judge practices -- since when is PowerPoint or a printer technologically advanced? Aren't these fairly basic components of competency in a 21st century practice? While I certainly understand that granting Internet access might raise security concerns (and if so, should have been denied on those grounds), suggesting that Internet access isn't necessary to conducting a reasonable defense today may have adverse consequences for other criminal defendants.
Posted by Carolyn Elefant on October 13, 2008 at 03:23 PM | Permalink
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