A Matter of Definition by a Michigan prisoner Member of the Political Prisoners of War Coalition Theater of Operations Michigan Death KKKamps 20 June 1998 As a 'jailhouse lawyer,' I've built a rather substantial and impressive law library over the last nine years in the MDOC. Needless to say, my personal collection of specialty legal books and magazines consists of everything that should be stocked in the prison law library and isn't: the last thing our brutal oppressors want are *effective* jailhouse lawyers and writ writers.(1) On April 1, 1998, the screws hit my joint armed with the MDOC equivalent of a search warrant(2) authorizing the seizure of any contraband; to wit: "legal material." My law library, case files and various documents were inventoried and impounded at 19:50 hours in eight duffel bags. I immediately contact the Court Appointed Monitor in _Cain v. MDOC_,(3) explained my situation and inquired as to whether Monitor Order No. 430 was still valid. I had no way to ascertain the answer for myself as all my documents pertaining to _Cain_ had been seized along with everything else, and my written requests for materials from the MBP Law Library go unfilled with regularity. I guess that will teach me to have the temerity to file a grievance against the law librarian. The Cain Monitor was helpful and informed me, inter alia [among other things -MIM], that the December 5, 1997, order in _Cain_ at 97 13 specifically indicates that the Order does not Monitor Recommendation Nos. 218, 219, 233, 247, 259, 278, 279, 311, 350, 382, 430, 462, 481, 516, and 521. Therefore, yes, Monitor No. 430 which mandates "if the Office of Policy and Hearings determines an indigent prisoner has necessary excess legal property, then the institution should loan the prisoner footlockers or provide other means of storage," is still valid.(4) She also advised me that "[f]rom [her] experience in reviewing Excess Legal Property Hearings, law books are often included as necessary materials," although she had "never see[n] 'legal magazines' included." My primary concern was that the new PD-04.07.112 PRISONER PERSONAL PROPERTY (effective date 4/20/98) -- which at II, 97 E, p.2 specifically declares what items are "legal materials" -- does not list personal law books or legal magazines at 97 E.(1) To my way of thinking, a reasonable mind would conclude that law books or legal magazines would no doubt fall under the category of "any other written materials" as noted at 97 D (1). However, after nine years of imprisonment, I know full well that I've yet to meet an impartial Hearing Officer, let alone one with a reasonable mind. I decided to play it safe and conduct further research - I'm glad I did too! On April 7, 1998, I was present and accounted for at the Excess Legal Property Hearing. The Hearing Officer looked positively sick when he eyed all those duffel bags and told me he would take my word for it that all the documents pertained to pending litigation, thus precluding the necessity of examining them. I observed that he didn't want to take my word for anything at any other time and insisted that he do his job in strict accordance with departmental policy. Five hours or so later, all my documents, pleadings, sample formats and the like had been duly examined. When we got to all the books and magazines, the H.O. initially took the position that I could have the books, but not the magazines. "Why not?" I asked. "Because legal magazines aren't covered under the policy." The fine upstanding representative of his alma matter informed me tersely. "That's why." "Yeah - but neither are law books." I replied. "Law books and/or magazines would meet the definition of "any other written materials." I then showed him a copy of the statue that PD-04.07.112 is based on; MCL 800.42(7) (a) (I), which states: "(7) As used in this section: (a) 'legal materials' means either of the following: (I) Pleadings and other documents ordinarily filed with a court, letters, research notes, necessarily exhibits, books, periodicals, and similar items that are needed for litigation which the prisoner is currently pursuing on his or her own behalf." "This says 'books.' It doesn't say anything about magazines." He said. You're probably wondering what the man's IQ is. I wondered what his LSAT scores were, where he received his JD degree and how he managed to pass the Michigan Bar Exam! "It is a matter of definition," I explained. "If interpretation is necessary, a court is restricted by MCL 8.3; MSA2.212 that 'all words and phrases shall be construed and understood according to the common and approved usage of the language.'" And in _Stowers v Wolodzko_, 386 Mich 119, 133 (1971), our Supreme Court reaffirmed the well-established principle of statutory construction: "Every word shall be given meaning and no word shall be treated as surplusage or rendered nugatory if at all possible." "So!?" "So, a magazine and a periodical are the same thing, which means I'm entitled my law books and legal magazines as an axiomatic matter of clearly established blackletter law." Love those old Perry Mason re- runs! "Read it for yourself." I said and handed him my paperback copy of _The Merriam Webster Dictionary_ (1997) which defines 'magazines' as "a periodical containing articles, stories, pictures, or other features." He really looked green - the color suits him. "You win." Notes: 1. _Black's Law Dictionary_ defines "jailhouse lawyer" as "inmate of penal institution who spends his time reading the law and giving legal assistance and advice to inmates, especially to those who are illiterate." 2. A Notice of Intent to Conduct an Administrative Hearing. See R791.3310. 3. Carolyn N. Koenig (P53112). Attorney at Law. Court Appointed Monitor. P.O. Box 19302, Lansing, MI 48901-9302 (your PIN# = her#) (517) 482- 1129. 4. Emphasis supplied. PD-04.02.120 Indigent prisoners sets forth indigency requirements. 5. See MCI 791.252 et seq; R791.3301 Note from the author: This article is dedicated to prisoners' rights attorney and ex-offender Daniel F. Manville, author of the _Prisoners' Self-Help Litigation Manual_, who has made his existence felt by every prison official in this country.