THE PRISONER'S RIGHT OF ACCESS TO THE COURTS, ENUNCIATED BY THE SUPREME COURT IN 1941, IS THE BASIS FOR GUARANTEED CONFIDENTIAL ORAL COMMUNICATIONS BETWEEN PRISONERS AND LAWYERS. LIKE OTHER RIGHTS, THE RIGHT TO PRIVATE CONSULTATION IS NOT ABSOLUTE AND IS LIMITED BY THE NEED TO MAINTAIN PRISON SECURITY AND DISCIPLINE. THREE MAJOR FACTORS HAVE LIMITED THE RIGHT TO PRIVATE CONSULTATION: THE PRESENCE OF THIRD-PARTY OBSERVERS AT PRISONER-LAWYER CONSULTATIONS; THE USE OF LISTENING DEVICES BY THE AUTHORITIES; AND THE PHYSICAL FACILITIES AVAILABLE FOR USE IN CONSULTATIONS. TO PROTECT THE PRISONER'S RIGHT TO PRIVATE CONSULTATION WITH HIS ATTORNEY, THE COURTS HAVE ALLOWED ONLY VISUAL OBSERVATION OF THE INTERVIEW BY PRISON PERSONNEL. USE OF EAVESDROPPING DEVICES HAS BEEN HELD IN DIRECT CONFLICT WITH CONFIDENTIALITY REQUIREMENTS. COURTS HAVE ORDERED APPROPRIATE MODIFICATIONS IN PRISON FACILITIES TO PERMIT CONFIDENTIAL EXCHANGES BETWEEN PRISONERS AND ATTORNEYS. IN CONSIDERING EACH CASE INVOLVING ALLEGED VIOLATIONS OF CONFIDENTIALITY, THE COURTS HAVE ENFORCED THE INMATE'S RIGHT TO EFFECTIVE COUNSEL. IT IS SUGGESTED THAT GUARANTEES OF PRIVATE CONSULTATION FACILLITIES, ONLY VISUALLY MONITORED, MAY BE MEANINGLESS UNLESS GREATER INTEREST AND FINANCIAL SUPPORT ARE DEVOTED TO CORRECTIONAL PROGRAMS.