In Re Lewis

In five separate proceedings below, the superior court issued five substantially identical orders in which it found that California Code of Regulations, title 15, section 2402, subdivision (c) is unconstitutionally vague “as applied” by the Board of Parole Hearings (Board) and that the Board is violating the separation of powers doctrine by arrogating to itself absolute power over parole matters. Based on these findings, the superior court directed the Board to develop a program to train its members in the application of parole suitability criteria as explained by relevant state and federal judicial opinions, to include provisions for continuing education of commissioners as new relevant case law is published. The superior court further directed that, prior to implementation, the newly developed training program be submitted, along with any associated rules and regulations, for the superior court’s review and approval. Once the court-approved training program was in place, each of the petitioners would “receive a new hearing before a Board that does not operate with the unfettered discretion and caprice demonstrated by the evidence here presented.”

The Board appealed…