In re Woodham

Objector Thomas M. Hornung, as the warden of Richard J. Donovan Correctional Facility (Donovan), appeals an order awarding monetary sanctions (Code Civ. Proc., § 177.5; 1 Cal. Rules of Court, rule 227 2 ) against the Board of Prison Terms (the Board) in habeas corpus proceedings brought by petitioner Gene Paul Woodham. Hornung contends punitive sanctions were not a proper remedy under section 177.5 or rule 227 for the Board’s violation of an earlier court order requiring it to respond in a timely manner to administrative appeals filed by Donovan life-term inmates including Woodham. Hornung also contends the court should have denied sanctions because the Board assertedly demonstrated good cause for its delay in responding to Woodham’s administrative appeal. We affirm the order imposing sanctions.

I

Factual and Procedural Background

In April 1999, after an evidentiary hearing in consolidated proceedings on habeas corpus petitions brought by various Donovan inmates including Woodham, the superior court entered an order concluding the Board violated due process by its “unacceptable delays in processing” life-term inmates’ administrative appeals. 3 The court set a 90-day…