Federal Court Judges Order Convening of Panel to Consider California Prison Population Cap and Other Remedies for Unconstitution

[courtesy of California Progress Report]

By Frank D. Russo

Tow United States District Court Judges, Thelton Henderson and Lawrence Karlton have issued simultaneous orders that a rare three judge panel be convened to determine what measures should be considered to relieve overcrowding of California's state prison system which is affecting the medical care that inmates have received.

We reported on the June 28 court hearing, and the skepticism of the judges that actions by the state would prevent serious health problems and deaths in the prisons and that they appeared to court observers, including State Senator Gloria Romero who was at the hearing that this would be their likely decision.

The remarks of Robert Sillen at the Capitol Press Club earlier this month about the conditions in the prison and overcrowding will also give some background as to the events that have led up to the judges' decisions. Sillen was appointed by Judge Henderson as the Receiver of the California Prison health care system and given extraordinary powers a year ago in the case of Plata v. Schwarzenegger which has been going on for well over a decade.

Judge Karlton has been the judge assigned to another case involving mental health treatment and suicides that have occurred in the prisons. There have been years of noncompliance with orders by the judges. Henderson indicated during the hearing that prisoners were needlessly dying.

The decisions were expected to be appealed by one side or the other. Nevertheless, these decisions are a strong signal that the prison population will probably ultimately be capped and there may be early release of prisoners as part of what will be ordered. No drastic actions will take place until the US Court of Appeals decides on whether to uphold, modify, or reject today's ruling.

Governor Schwarzenegger today issued the following statement: