In Re Michael I.

In 1994, the juvenile court committed Michael I. to the California Youth Authority (CYA). In March 1997, Michael hired Attorney Mark McDonald to help him prepare for his upcoming annual review which would determine if he would be released on parole. CYA wards are not absolutely entitled to have counsel present at such hearings, but they can hire counsel to help prepare for such hearings.

Despite McDonald’s repeated efforts, CYA did not permit McDonald to meet with Michael until the afternoon before the review hearing, and did not make Michael’s file available for McDonald’s review until a month after the hearing. At his hearing, the Youthful Offender Parole Board (YOPB) denied Michael parole and extended his period of confinement an additional month, based on failures to complete ordered programs and assaultive disciplinary violations. YOPB denied Michael’s administrative appeal.

Michael petitioned for habeas corpus, seeking release from custody or a new hearing with adequate time to consult with McDonald beforehand with a copy of his file. Michael concedes he is not entitled to counsel’s assistance at the hearing, but argues due process requires adequate opportunity to…