California Prison Health Morass Now in the Hands of a New Receiver Appointed by Federal Court Judge

[courtesy of California Progress Report]

Receiver Robert Sillen Thanked by the Court as Clark Kelso Takes Over

By Frank D. Russo

Robert Sillen lasted just shy of two years as receiver of the California Prison’s health care “system,” and will be missed by a number of those who appreciated the direct manner in which he brought attention to problems that have resulted in many avoidable deaths and serious health problems to those inmates who languished under treatment the Federal Courts have labeled as “cruel and unusual punishment.” He was abrasive at times, often irascible, minced no words as he spoke very forcefully about the problems of the prisons, and was not afraid to go where others had not in turning the system upside down and implementing strong emergency measures and starting systemic reforms.

Looking back to the situation of the prisons in 2005 when the courts placed them in receivership, Sillen was, by my lights, exactly what was needed to jolt the prisons, nudge elected officials in California, and get the beginning of changes in place. He could keep a roomful of reporters and policy makers in rapt attention, as he did when speaking at the Sacramento Press Club in July.

In an order issued yesterday by U.S. Federal Court Judge Thelton Henderson, one can see the Judge’s reasoning behind his order replacing Sillen and appointing Clark Kelso as the new receiver. The judge thanked Sillen and noted his successes, but felt it was time to move on to a new phase. The problems clearly are not going away and a trial is scheduled on whether a three judge panel should order the release of some prisoners or other measures to alleviate overcrowding and severe health problems in the prisons.

Here are excerpts from Judge Henderson’s order, which also provide biographical information on Mr. Kelso, the new receiver: