Brief of Amici Curiae National Association of Criminal Defense Lawyers, Arizona Attorneys for Criminal Justice, Prison Law Office, American Civil Liberties Union, and ACLU of Arizona in Support of Plaintiff-Appellant Nick Mangiaracina; and in Support of Reversal.
Argument: Maricopa County Jail (MCJ) staff opening legal mail between plaintiff and attorneys outside his presence violates the First Amendment rights of the attorneys. The alleged actions of MCJ staff prevent attorneys from complying with their ethical duty of confidentiality. The interference with plaintiff's legal mail results in lawyers neglecting their duties of competent and diligent representation. The opening of plaintiff's legal mail impairs lawyers' duty to communicate and keep their client reasonably informed.