|Judges Practicing Medicine Continued|
|By Jeffrey E. Keller MD|
With regard to the recent article about judges issuing court orders for medical treatments while in jail, I wanted to get a legal perspective, so asked my friend David Tatarsky, who is General Council for the South Carolina Department of Corrections, for his thoughts.
Here is his response: My thoughts (all of which must be considered in light of the particular judge you are dealing with):
I also like David’s idea of trying to get on the judge’s required Continuing Education schedule. I intend to do this, myself. If I am successful, I will write about the experience here.
Davis County Jail Success Story
Tied in with David’s thoughts, I especially liked James Ondracek’s comment about his experience:
I have been the Nursing Director at Davis County Jail for almost 20 years now. I have the e-mail addresses and phone numbers of every court clerk in Davis County. I contact them every time we have a medical issue that requires assistance from a judge. None of our current Judges will grant medical furloughs without contacting me first. I have inmates tell me all the time that they requested a medical furlough and the judge told them to talk to the jail medical staff first because he will not grant a furlough without receiving a recommendation from the jail. Likewise we do not currently, have a problem with judges ordering medications in the jail. It has taken many years of working with judges and attending judge meetings and getting prosecutors to help reverse court orders in the past, but it has paid off in the long run. I have met with many of the judges in court chambers about specific inmate needs and discussed having the judge grant medical furloughs and releases from jail when appropriate. It is very worth it to build relationships and understanding with prosecutors, judges, and attorneys. You will not win every battle but from my experience, most judges are glad to contact the jail with a concern and glad to tell the inmate that the jail will take care of his medical needs and he is not qualified to make medical decisions as a judge. Incidentally, I have never had any of our doctors come to a meeting with a judge. I will occasionally ask him for a note to take with me to meet with a judge or the prosecutor but we have always been able to handle this with our in-house staff.
The key quote here is this: It has taken many years of working with judges and attending judge meetings and getting prosecutors to help reverse court orders in the past, but it has paid off in the long run. It takes time and effort to cultivate a close relationship with judges and prosecutors. But it is well worth the effort. Besides being a medical care issue, it is also a time-management issue. I believe that if you spend the time and effort to cultivate these relationships now, you will spend much less time in the long run—by a substantial margin.
What About Defense Attorneys?
Besides prosecutors and judges, it may also be worthwhile to cultivate a relationship with the defense attorneys. Here in my hometown, one local defense attorney (who happens to be a friend of mine) organized a tour of the jail for the County Bar Association. It was surprisingly well attended by around 40 attorneys. The 1 ½ hour program featured short presentations by sheriff and the jail commander who talked about jail procedures and another by me about jail medical services. The attorneys then took a tour of the jail. The attorneys had lots of questions. Basically, like David Tatarsky said above, the attorneys did not know much about how jails work. It was quite eye-opening for most of them.
The feedback was overwhelmingly positive. As part of my presentation, I gave each of the attorneys my personal cell phone number and invited them to call me if they had any questions about the medical services their clients were receiving. (I reminded them that they had to have a Release-of-Information form signed by the inmate before I could talk to them in detail). As a result of this, I have received several phone calls in the last month. But as I told the attorneys, inviting them to call me directly is a time management issue for me. It takes much less of my time to talk to them directly than to answer their letters, requests for records, subpoenas, etc.
Have you ever invited the Bar Association to tour your facility? Please comment!
Corrections.com author, Jeffrey E. Keller is a Board Certified Emergency Physician with 25 years of practice experience before moving full time into the practice of Correctional Medicine. He is the Chief Medical Officer of Centurion. He is also the author of the "Jail Medicine" blog
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