Judge hopeful for settlement in California prisons overcrowding suit

SAN FRANCISCO – U.S. District Court Judge Thelton Henderson said Saturday he is hopeful that Gov. Arnold Schwarzenegger's administration and inmate-rights lawyers can resolve their prison overcrowding dispute before the case goes to trial.

"I'm hopeful that the players, the parties and interests, will find a way to resolve it short of trial and a ruling by the three-judge court," Henderson said in an interview, following his keynote speech at a law review symposium on prison conditions.

The judge, one of three jurists on a panel that is considering overcrowding motions filed by lawyers in class-action cases covering medical and mental health care in the prisons, said the two prominent settlement referees he appointed to search for a solution to the matter are "working very diligently."

Trial on the overcrowding issue had been scheduled for last month but was delayed amid a dispute over the state's failure to turn over documents to the plaintiffs.

The plaintiffs' motions in front of the panel consisting of Henderson, U.S. District Judge Lawrence Karlton of Sacramento and 9th U.S. Circuit Court of Appeals Judge Stephen Reinhardt are asking for a state prison population cap that could result in the release of tens of thousands of inmates.

Schwarzenegger spokeswoman Lisa Page said that "all parties" in the case met to discuss the case as recently as Friday.

The referees are Peter Siggins, a state appellate court judge who used to be Schwarzenegger's legal affairs secretary, and Elwood Lui, a former associate appellate judge who has worked prison cases from the plaintiffs' side. Reached Saturday, Lui said talks had been "positive and formative. … I'm hopeful we can get something."

Henderson said in the interview that there are "obstacles" to an out-of-court settlement and that "political players" are worried about agreeing to an early release order and that "one of these guys" who gets out of prison "kills somebody."

Henderson said plaintiffs' lawyers and the governor's attorneys also have been meeting on the case. Donald Specter, the head of the Prison Law Office, which represents inmates in the two cases, declined to comment Saturday.

In the interview, Henderson also said he is impressed and encouraged by the early performance of the new prison medical receiver, J. Clark Kelso, and his completion of a revised plan of action to fix correctional health care.

"The guy is all I'd hoped he would be," said Henderson, who named Kelso to replace Robert Sillen.

The judge also said he thought Schwarzenegger's budget plan to release 22,000 inmates early was "great," but that the "political process" it has to go through makes the idea of it ever happening difficult to conceive. No lawmakers have voiced support for the plan.

In his speech at the University of San Francisco, Henderson said judges such as himself who oversee cases that uncover constitutional violations such as prison health care have to remain "active" and view themselves as "catalysts for change," even after their cases have been resolved.

"I think it's one of the most important parts of getting the job done," Henderson said.

The 74-year-old judge said he plans to hold off on his retirement until he is satisfied that the prison system achieves constitutional compliance.

"I'm not going away," he said in his speech. "I'm here for the long haul."

About the writer:

• Call Andy Furillo, Bee Capitol Bureau, (916) 321-1141.