Administrative Review & Risk Management Division
Access to Courts
To ensure that offenders assigned to the correctional institutions operated, managed, or monitored by the Texas Department of Criminal Justice (TDCJ) are provided their constitutional right of access to the courts, counsel and public officials, and that access is "adequate, effective, and meaningful" as required by state and federal law.
What is “access to courts”?
Although an offender’s right of access to courts is not clearly enumerated in the United States Constitution, over the years a series of court decisions, federal and state statutes have shaped and codified these rights. With the evolution of these rights came the mechanism to uphold and protect them from violation or denial. Consequently, the right of access to courts, such as submitting a petition or complaint to a court, is considered to be a fundamental right upon which all other constitutional and inherent rights are contingent.
Fundamentals of access to courts:
Every offender has the right of access to state or federal courts, legal counsel, public officials, and governmental agencies. Offenders may present any issue, including challenges to the legality of their confinement, redress for improper conditions of confinement, remedies for civil law problems, claims against correctional officials and other governmental authorities, and any other right protected by constitutional or statutory provisions, or by common law. Officers, employees, or agents of TDCJ shall not interfere with, harass, punish, or otherwise penalize any offender as a result of participation in litigation, either as a party or a witness, or for filing or threatening to file a lawsuit, grievance, appeal, or other complaint about prison conditions, official misconduct, or for discussing the same with others, or writing in accordance with agency rules and regulations to others about actual or potential legal action or other forms of grievance and complaint.
Law Library Management
The Access to Courts Department is a statewide program that provides services to, and for, all TDCJ offenders. All offenders are afforded some type of access to a meaningful law library that, at a minimum, contains self-help publications, pertinent case law, codes, rules, and fill-in-the-blank legal forms. Depending on the classification of the offender, he or she will either be given direct or indirect access to the law library. Offenders with direct law library access are afforded an opportunity to receive 10 hours of access per week. Offenders with indirect law library access are delivered three items of legal research materials per day, on three alternating days per week to their housing location.
Attorney/Consular Official Access
Attorneys and their representatives have access to visit offenders, Monday through Friday, between 8:00 a.m. and 5:00 p.m. In addition, attorneys may also request telephone calls with their attorney clients. Attorneys may also register with the Offender Telephone System (OTS) at the following link https://www.texasprisonphone.com/attorneys. Attorney-client calls conducted through the OTS will not be monitored or recorded. Consular officials are afforded the same rights and privileges as attorneys.
Additional Areas of Oversight:
- Resolution of Step 2 Offender Grievances as signature authority, for any grievance that involves access to courts issues
- Management of correspondence supplies and postage provided to qualified offenders
- Public Information Act Manual, Chapter 3 – offender requests for information
- Notary service
- Court Transcript Administration
- Assist offenders with disabilities, such as those who are illiterate, monolingual, or other similar circumstances, in obtaining access to courts
- Court video and telephone conferences
- Offender subsequent storage qualification and issuance
- Administration of Intra Law Library Loan Program
- Assist offenders in gaining access to Parole Revocation Hearing audio tapes
- Court certification of impoverishment
Fiscal Year 2019 Statistics
- 365,704 Offender visits to law library sessions
- 201,072 Items of legal research material were delivered
- 17,995 Notary signatures were provided
- 87 Offender with offender legal visits were conducted
- 2,199 Attorney with offender phone calls were conducted
- 1,237 Court teleconference inquires via phone were conducted
- 66 Court teleconference inquires via video conference were conducted
- 5,461 Attorney visits were conducted
- 2,165 Attorney representative visits were conducted
- 83 Depositions were conducted
- 39,159 Court forms were issued
- 4,247 Court certificates of impoverishment
- 456 Public Information Act requests, Subpoenas, Special Prosecution Unit requests, and Inter-Agency requests processed
- 734 Approved Applications to Visit TDCJ Offender as Attorney's Representative
- 197 Approved officiants authorized to perform offender marriages
- 683 Step 2 offender grievances (700 code) processed
- 62,311 Telephone calls/e-mails processed by the ATC administrative office (e.g., judicial, attorneys, law enforcement, TDCJ officials, etc.)
For more information:
Texas Department of Criminal Justice
Offender Access to Courts, Counsel, and Public Officials Department
PO Box 99
Huntsville, TX 77342-0099
Phone: (936) 437-4815