Reich Minister of Justice
Berlin W 8, Wilhelmstrasse 65 31 January 1938
Telephone: 110044
1611—I a 7 194/38 '
To the Presidents of the High Courts.
Subject: Representation by Counsel of Inmates of Concentration Camps.
VERY CONFIDENTIAL .
In preparing a decision of Reich Fuehrer SS and Chief of German Police whether individual attorneys can be allowed in general to take over the representation of inmates in Concentration Camps, I ask you to scrutinize at once if and what attorneys in your district could be considered for this purpose. Representation of inmates of Concentration Camps requires a special measure of suitability and dependability. Severe scrutiny is to be exercised in making the selection. Membership in the NSDAP, in so far as it was not acquired until after January 30, 1933, will not of itself warrant the necessary dependability as a rule; on the other hand this prerequisite is not to be denied because the attorney is not a member of the Party. Consideration can only be given attorneys whose attitude leaves no doubt that their views
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coincide wholly with the political aspirations of the State and the ideology aims of the movement. Moreover, it can be assumed that attorneys whose field of activity does not extend to taking over -the defense in criminal affairs, will as a rule not accept representation of inmates of Concentration Camps.
Attorneys suitable for representation of inmates of Concentration Camps who should, if possible, reside in different localities of your district, should be listed in sufficient number according to Offices of the State Police. With reference to the necessity of very confidential treatment, I beg therefore to consult as an expert the president of the Chamber of Counsel about their qualifications. A consultation of offices not within the Administration of Justice is to be avoided. I ask that two copies of the list be presented after receiving the advice of the President of the Chamber of Counsel. With regard to the attorneys names, proof of personal and professional qualification is to be submitted. Besides stating the attorney's characteristic and political attitude and especially his manner of practicing his profession as defense counsel in penal matters, it is also to be investigated, if possible, if reason exists to assume that the attorney has the confidence of the Office of State Police.
An eventual notice of non-compliance is required.
Deputy,
sig. Schlegelberger
[stamped:]
Reich Ministry of Justice Office of the Ministry
Certified sig. Schlichting Secretary of the Office of the Ministry
Instructions to presidents of the high courts, on the selection of politically-reliable attorneys for concentration camp inmates
Authors
Franz Schlegelberger (Dr., Secretary of State, acting minister, Ministry of Justice)
Franz Schlegelberger
German judge and politician (1876-1970)
- Born: 1876-10-23 (Königsberg)
- Died: 1970-12-14 (Flensburg)
- Country of citizenship: Germany
- Occupation: judge; jurist; politician; university teacher
- Member of political party: Nazi Party
- Participant in: Judges' Trial (role: defendant)
- Significant person: Reinhold Richter (role: acquaintance)
- Position held: Federal Ministry of Justice; Reich Minister of Justice (period: 1941-01-30 through 1942-08-19; replaced by: Otto Georg Thierack; replaces: Franz Gürtner)
Date: 31 January 1938
Literal Title: Subject: Representation by Counsel of Inmates of Concentration Camps.
Total Pages: 1
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-651
Citation: IMT (page 255)
HLSL Item No.: 450200
Trial Issues
Concentration camp system (administration, forced labor, abuse of inmates)… Conspiracy (and Common plan, in IMT) (IMT, NMT 1, 3, 4) IMT count 1: common plan or conspiracy (IMT) Nazi regime (rise, consolidation, economic control, and militarization) (I…
Document Summary
PS-651: Confidential Circular of the Ministry of Justice on representation of people in 'protective custody' by lawyers