In re Gonzales

Petitioner, Michael Eric Gonzales, complains of the refusal of the Department of Corrections to allow him to correspond confidentially with his Canadian attorney regarding a Canadian divorce proceeding to which petitioner is a party. We agree that under Penal Code section 2600, he is entitled to exercise the right he claims.

Petitioner, a prisoner of the State of California, sought confidential mail privileges with his Canadian attorney. His request was denied on the ground that the attorney was not listed with a state bar association. Petitioner has exhausted available Department of Corrections administrative remedies and has been denied relief in the Marin County Superior Court. He now seeks relief in this court by petition for writ of habeas corpus. Attached to his petition is the declaration of Kevin Robb, who declares that he is a barrister and solicitor licensed to practice in the courts of British Columbia, Canada, and that he represents petitioner with respect to child custody and access arising from a divorce proceeding to which petitioner is a party.

*461 In refusing to allow confidential mail privileges between petitioner and his Canadian attorney, the…