Morales

The treatment and management of condemned inmates from the time an execution date is set through completion of the execution is subject to a protocol issued on May 15, 2007, by the California Department of Corrections and Rehabilitation (CDCR) and CDCR Secretary James E. Tilton (Tilton) (collectively appellants). The protocol, Operational Procedure No. 0-770, is formally titled “STATE OF CALIFORNIA SAN QUENTIN OPERATIONAL PROCEDURE NUMBER 0-770: EXECUTION BY LETHAL INJECTION” (hereafter OP 770). Two condemned inmates, respondents Michael Morales and Mitchell Sims, challenged the validity of OP 770, arguing it had been adopted without compliance with the requirements of the Administrative Procedure Act (APA) (Gov. Code, § 11340 et seq.). The trial court agreed, granted respondents’ summary judgment motion and enjoined appellants from carrying out the lethal injection of any condemned inmates under OP 770 unless and until that protocol is promulgated in compliance with the APA.

Appellants raise two principal challenges to the trial court’s ruling. They argue OP 770 is not subject to the APA because it is not a rale of “general application.” Further, they contend OP 770…