http://www.highlandstoday.com/hi/loc...ouse-20160323/

SEBRING — Up until recently, long-time Sebring defense attorney Bill Fletcher said that during court sessions he would be allowed to enter a holding cell area to relay plea offers to his clients.

But under new security rules enacted recently by Highlands County Sheriff Susan Benton, Fletcher and other attorneys have been unable to do that while court is in session.

Fletcher, who along with other defense attorneys are up in arms over the changes, said during a recent court session he got five cases continued because of that inability to meet with clients.

“Those cases could have been settled,” Fletcher said.

But Benton, while trying to make some accommodations for attorneys, said not allowing attorneys to enter the holding cell area during court sessions is necessary for her to carry out her responsibility to make sure the courthouse is secure.

“The security risks are growing,” Benton said, adding that there’s “too much activity of bringing inmates in and out of the holding cells.”

The original letter written by Sheriff’s Office Capt. Tim Lethbridge announcing the change also mentioned staffing concerns.

Assistant Public Defender Robert Gray said he and his office are puzzled about the changes. In 30 years of practicing law in Highlands County, he’s never seen any incidents resulting from attorneys going into the holding area while court is in session.

Gray said he’s concerned that without attorneys having adequate opportunities to consult clients, “things are going to come to a screeching halt.”

Legal rulings mandate that clients have access to their attorneys, particularly during certain “critical stages in the criminal justice process,” Gray said.

Without the ability to enter the secure area during those critical stages, Gray questioned whether he can “effectively and ethically represent clients under these circumstances.”

Gray and Fletcher also say that Polk County allows more attorney access to clients with fewer staff members at times.

In response to the objections of the attorneys, Benton said, she put in place some measures that would help address the concerns.

One is that the inmates will be brought into the courtrooms at 8 a.m. and attorneys can meet with those prisoners until 8:25 a.m., the sheriff said.

In cases involving last minute pleas, she said in a memo to attorneys that “The court may hold any last minute plea cases to the end of the docket at the judge’s discretion, giving the opportunity to break and clear the courtroom for the attorneys to have contact with their client, and (then) court will resume.”

For the afternoon session, the inmates will be kept at the jail until 12:30 p.m. and attorneys will be able to visit them, Benton said in the memo.

During trials and certain other proceedings, attorneys will be able to potentially visit their clients in the holding cell area, Benton said.

“I don’t think that is sufficient,” Gray said.

Benton said she believes a lot of the problem is that attorneys fail to sufficiently visit their clients in jail. She said the Sheriff’s Office has tried to accommodate the attorneys by allowing meetings through Skype, an Internet-based video conversation tool.

Fletcher said that while he considers Benton a friend, he doesn’t agree with her understanding of how plea deals are reached. He said frequent contacts before court hearings don’t necessarily lead to a deal.

“It just doesn’t work that way,” he said. “There’s something about being in court that helps lead the inmate to make the decision.”

Even with the changes announced by Benton, Fletcher said, “It’s going to put a heavy burden on the court system.”

Both Gray and Fletcher said they believe Benton should have consulted with attorneys before making the decision.

Public Defender Rex Dimmig has offered to meet with Benton to come up with an acceptable policy.

One issue that could be resolved involves the holding cell area that both Fletcher and Gray said was poorly designed.

In Polk County, the holding cells have bars, Gray said. Attorneys can talk with clients through the bars or give them papers to read, he said.

But in Highlands County, walls and solid doors prevent that, he said. Gray suggests the county replace the doors with new ones that have bars.

Fletcher said that one of the holding areas could be modified to be a room for attorneys to meet with their clients.

jmeisel@highlandstoday.com

(863) 386-5834