Posted on 01/28/2009 1:06:38 PM PST by SmithL
Gov. Arnold Schwarzenegger, California Department of Corrections Director Matthew Cate and state Finance Director Mike Genest today announced that California Attorney General Jerry Brown has filed a motion in federal district court in San Francisco to replace the federally appointed receiver.
Brown, on behalf of the state, seeks instead a special master who would be an expert appointed by the federal court to advise the state and the court. His motion also asks the court to establish a process during the transition to ensure the receiver's compliance with state and federal law and to terminate the receiver's construction plan.
Receiver J. Clark Kelso, who was appointed by U.S. District Judge Thelton E. Henderson of San Francisco, has outlined an $8 billion project includes construction of seven new health care facilities with 10,000 new beds for acute and long-term needs. The plan would also improve physical and mental health care facilities at each of the 33 adult prisons.
The state argues that $8 billion isn't required to bring the prison system up to constitutional standards of health care. The state also has argued that courts do not have the authority to order prison construction without the state's consent, "and the state cannot consent to the receiver's massive $8 billion" plan.
Attorneys for Kelso have argued that the governor and his staff repeatedly agreed with the receiver's plan to build as many as seven long-term health care facilities for chronically sick, aged, injured and mentally ill inmates.
Henderson in October ordered Schwarzenegger and Controller John Chiang to transfer $250 million to Kelso as a down payment on the construction project or risk being held in contempt.
However, the 9th Circuit Court of Appeals issued an emergency stay and scheduled a hearing next month on whether the judge exceeded his authority.
(Excerpt) Read more at sacbee.com ...
Federal Prisons Receiver J. Clark Kelso talks during a news conference at the Receiver's office on Aug. 13, 2008. California Attorney General Jerry Brown has filed a motion in federal district court in San Francisco today to replace the federally-appointed receiver.
I thought this was going to be a story about the Cincinnati Bengals!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.