In Re Lugo

The proceeding giving rise to these consolidated appeals began simply enough with a habeas corpus petition filed by a prisoner who claimed his parole suitability hearing had not been conducted within the time specified in the Penal Code. 1 From that modest beginning, the proceeding transmogrified into something unprecedented under California law—a habeas corpus class action on behalf of parole-eligible life prisoners in which the trial court has assumed a role as overseer of the Board of Parole Hearings (Board) on a range of matters far afield of the simple complaint that motivated the original petitioner to seek relief.

*1529 On appeal, the Board claims the trial court erred by improperly limiting the Board’s inherent discretion and requiring the Board to state “a significant change in circumstances” justifying a decision to deny parole for more than one year following a prior one-year parole denial. The Board further contends the trial court erred by requiring it to provide inmates with transcripts of their parole hearings within 30 days of the hearing date or face sanctions of $10 per day for each delayed transcript. Finally, the Board claims the trial court abused…

This appeal arises out of proceedings in which the trial court has acted to correct long-standing deficiencies in the administration of California’s parole system and the recurring violation of the statutory and constitutional rights of innumerable inmates. To put the limited issues that are presented by this appeal in their proper perspective, this concurrence will set out more fully the history of those proceedings. With respect to the three issues that are raised from the many rulings the trial court has made in these extended and ongoing proceedings, I join in the majority opinion in affirming the attorney fee award. I concur in the disposition of the order concerning the multiyear parole denials, but write separately to emphasize that what is lacking here is a record that supports the remedial order entered by the trial court. Because the record does not justify any remedial order, we have no occasion to consider whether under circumstances not established in the present record the particular remedy would be justified. I also concur in the disposition of the trial court order concerning the timely preparation of parole hearing transcripts, but add a few words to emphasize…

McGUINESS, P. J.

The proceeding giving rise to these consolidated appeals began simply enough with a habeas corpus petition filed by a prisoner who claimed his parole suitability hearing had not been conducted within the time specified in the Penal Code. [1] From that modest beginning, the proceeding transmogrified into something unprecedented under California law—a habeas corpus class action on behalf of parole-eligible life prisoners in which the trial court has assumed a role as overseer of the Board of Parole Hearings (Board) on a range of matters far afield of the simple complaint that motivated the original petitioner to seek relief.

On appeal, the Board claims the trial court erred by improperly limiting the Board's inherent discretion and requiring the Board to state "a significant change in circumstances" justifying a decision to deny parole for more than one year following a prior one-year parole denial. The Board further contends the trial court erred by requiring it to provide inmates with transcripts of their parole hearings within 30 days of the hearing date or face sanctions of $10 per day for each delayed transcript. Finally, the Board claims the trial court…