 
|
Management of Legal Issues and Litigation
Adherence to law is fundamental to professional correctional
practice. This entails avoiding litigation through sound
management, effective use of the adversarial process to resolve
issues that are litigated, and professional compliance with
judicial orders.
Policy Statement:
Problems addressed through litigation, such as inadequate and
insufficient facilities, services, procedures, and staffing can
often be remedied through professional correctional practice,
supported by government officials and the public with the
necessary capital and operational resources. To achieve sound
management of legal issues, correctional agencies should:
A. Use the standards and accreditation process of the
American Correctional Association and the Commission on
Accreditation for Corrections as a method to develop and
maintain professional practice;
|
B. Consult frequently with legal counsel to remain informed of
current developments in the law and to anticipate and avoid emerging
legal problems;
C. Train staff about legal issues and responsibilities and provide
them with legal representation when appropriate;
D. Attempt to resolve potential legal problems through dispute
resolution techniques such as administrative grievance procedures;
E. Negotiate and settle litigation when agreements can be developed
consistent with professional correctional practice;
F. Litigate, when no professionally reasonable alternative is
possible, with the best legal and correctional expertise available
and with full preparation and development of the case; and
G. Implement court orders in a professional manner
|
|
 |
