Federal Judges to California on Prisons: "How Do We Address Your Needs While People are Dying?"

[courtesy of California Progress Report]

Panel convenes, plans speedy trial, and admonishes intervenors that "This is a judicial and not a political process" in lengthy hearing

By Frank D. Russo

A panel of three federal judges, convened under the Prison Litigation Reform Act (PRLA) to consider ordering the release of prisoners in the overcrowded California penal system because of years of deaths and serious health problems, held its first hearing in what was called by one of the attorneys a "shakeout hearing" to plan for a trial in two class action cases. Before them were 20 attorneys representing the State of California, prisoners, law enforcement, District Attorneys, counties, the legislature's Republicans, and the state's prison guards and an audience of about 75. Three hours later, at the end, Judge Thelton Henderson, thanked the attorneys and said "This has been helpful and exhausting."

The judges appeared to be serious, determined to expedite the process and set an early trial date despite pleas for more time from some of the new intervenor defendants. There were both explicitly stated acknowledgements by the defendants of what two of the judges on the panel have already found in the underlying cases--that there were serious problems with the delivery of medical care in violation of the US Constitution--and also an aura of expectation that the judges will order a cap on the prison population or releases of some prisoners. While there were the statements of those defending the State of California that the attorneys for the plaintiffs in the cases representing the prisoners had the burden of proving that overcrowding was the primary cause of this denial of basic constitutional rights, much of the hearing focused on the size of the reduction of the prison population and the appropriate remedy under the PRLA.

Of note is the presence of the California Correctional Peace Officers Association (CCPOA)--the state's prison guards--on the side of the prisoners who want reductions in the prison population to the level that adequate medical care can be delivered. This represents a sea change in the CCPOA that has been developing for some time, as both individual prisoners and some groups concerned about inmate rights have often vilified the guards. But yesterday in open court, Ron Yank, the attorney for the CCPOA sitting at the table with Don Spector of the Prison Law Project, took the lead in suggesting a procedure to speed up preparation for the trial and in ringing tones stated that his client was opposed to even "one day of delay for settlement talks." He also said the mess "isn't going to be done without prison reform--sentencing reform."