Hornung

Petitioners Tom Hornung, Warden at RJ. Donovan Correctional Facility, and James W. Nielsen, Chairman of the Board of Prison Terms, seek a writ of mandate to compel respondent superior court to grant their motion to quash subpoenas for two commissioners of the Board of Prison Terms to appear at evidentiary hearings pursuant to orders to show cause granted as to the writs of habeas corpus of Ronald Zych and William Henry Jackson (Real Parties). Petitioners contend the court should have granted the motion to quash because the separation of powers doctrine and the deliberative process privilege protect the commissioners from testifying as to their decisions; judicial inquiry into the commissioners’ job qualifications is inappropriate; and the commissioners may not be questioned as to bias. Because we agree the separation of powers doctrine prevents Real Parties from questioning the commissioners, we grant the petition for writ of mandate.

Factual and Procedural Background

Real Parties are inmates serving indeterminate life terms. Each filed a petition of habeas corpus challenging the decision to deny parole at his most recent parole suitability hearing. The petitions allege…