The following is penned by Steve Baric, the President of the California Republican Lawyers Association. CRLA deserves much praise for their leadership on this matter…
On Monday August 13, 2007 the California Republican Lawyers Association, on behalf of the Assembly Republican Caucus filed a motion in Federal Court to prevent dangerous felons from being released back into our communities. The motion filed would allow Assembly Republicans to intervene in a Federal lawsuit where a 3 Judge panel will consider imposing a cap on California’s prison population.
On July 23, U.S. District Court Judges Lawrence Karlton and Thelton Henderson ordered a three-judge panel be convened to consider setting a prison population cap in California. The Judges on the panel have a history of liberal judicial activism. For instance, Judge Karlton recently ruled that the pledge of allegiance was unconstitutional. Judge Henderson was appointed to the bench by President Carter and struck down Proposition 187.
We at the California Republican Lawyers Association are very concerned that dangerous felons will be flooding back into our communities at the whim of liberal activist judges.
Therefore, working closely with Republican Leader Mike Villines and Orange County Assemblyman Todd Spitzer, we agreed to represent the Assembly Republican caucus and filed the motion with the Federal Courts in San Francisco and Sacramento. Our Bay Area Chairman Steve Kaufhold argued that under the Prison Litigation Reform Act, which sets the process for Federal Courts to convene three-judge panels, “any state or local official, including a legislator . . . shall have the right to intervene.”
Federal law requires that the state have time to remedy any deficiencies the Federal Court may find in California’s prison system and any solutions imposed by the courts must not jeopardize public safety. If the court grants our motion, Assembly Republicans will become active participants in the case, they will be able to file briefs with the court and provide oral arguments defending efforts by the legislature to remedy any deficiencies in the prison system and California’s tough-on-crime public safety laws. Thirty-one Assembly Republicans signed onto the lawsuit.
This is a very important case. If this liberal three-judge panel imposes a cap on the prison population it will result in the early release of thousands of convicted felons. It is important to realize just what type of people will be flooding back into our communities – a vast majority of California prison inmates have been convicted of violent felonies and over half have been convicted of at least three felonies.
(You can e-mail Steve Baric, via the FR, here.)
August 16th, 2007 at 12:00 am
I say to these Republican Assembly members,and Attorney’s who are against the three judge panel;Have you offered any remedy for saving the lives of inmates packed like sardines in these Calif.prisons? A three judge panel to intervene in this life and death crisis is an absolute necessity. Republican Assembly,and Attorney’s you oppose a remedy,yet offer nothing to remedy this crisis. It will take years to build new prisons. In the meantime there is death and neglect of inmates.
The prisons are almost double there capacity,in some prisons
inmates are packed in 3-teer beds.One inmate dies every six days
from medical neglect.These are not numbers these are someones son or
daughter,wife or husband.Honorable Judge Henderson and Honorable
Judge Carlson are right to intervene and save lives.
What I see is the Republican Assembly,and Attorney’s banning together like a pack of wolves to perpetuate this crisis.They have total disregard for Constitutional rights,and the immediate welfare of human life.To these Assembly Repugs and Attorneys I say the death of one inmate every six days because of medical neglect is not acceptable.What is your recourse? These are the consequences,you have offered no recourse. Why are you trying to counter the solution to save lives. At what cost will you go to exasperate the situation at hand,and deny the outcome of your thoughtless intentions.
Inmates are someones loved ones,they are not to be abused,they have Constitutional rights. I give honor and respect to whom it is due; Honorable Judge Henderson and Honorable Judge Carlson.A band-aid to build more prisons is not the answer to the crisis at hand.