28 C.F.R. § 543.16

Other paralegals, clerks, and legal assistants

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(a) The Bureau of Prisons recognizes the use of assistants by attorneys to perform legal tasks and, with proper controls and exceptions enumerated in this section and in part 540 of this chapter, accords such assistants the same status as attorneys with respect to visiting and correspondence.

(b) The attorney who employs an assistant and who wishes the assistant to visit or correspond with an inmate on legal matters shall provide the Warden with a signed statement including:

(1) Certification of the assistant's ability to perform in this role and awareness of the responsibility of this position;

(2) A pledge to supervise the assistant's activities; and

(3) Acceptance of personal and professional responsibility for all acts of the assistant which may affect the institution, its inmates, and staff. The Warden may require each assistant to fill out and sign a personal history statement and a pledge to abide by Bureau regulations and institution guidelines. If necessary to maintain security or good order in the institution, the Warden may prohibit a legal assistant from visiting or corresponding with an inmate.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1993–2026 · leading case: Am. Civil Liberties Union of Maryland, Inc. v. Wicomico Cnty., 999 F.2d 780 (4th Cir. 1993).

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Am. Civil Liberties Union of Maryland, Inc. v. Wicomico Cnty., 999 F.2d 780 (4th Cir. 1993). “These restrictions were well within his discretionary authority over visitors to the facility, DCR 195-1: Authorized Visitors, and many of the conditions parallel the ones applicable to paralegals visiting federal prisons under 28 C.F.R. § 543.16 (letter of authorization and…”

Norma Sanchez v. Fed. Bureau of Prisons, 493 F. App'x 14 (11th Cir. 2012). “” 28 C.F.R. § 543.16 (b)(3). The denial of Sanchez’s application to visit Campillo did not violate her right to pursue her profession as a legal assistant/paralegal.”

Frye (E.D. Va. 2026). “These restrictions were well within his discretionary authority over visitors to the facility, DCR 195-1: Authorized Visitors, and many of the conditions parallel the ones applicable to paralegals visiting federal prisons under 28 C.F.R. § 543.16 (letter of authorization and…”

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