Thompson v. Department of Corrections

• Decision Date: 22 March 2001
• Docket Number: No. S071080.,S071080.
• Court: California Supreme Court
• Parties: Thomas M. THOMPSON et al., Plaintiffs and Respondents, v. DEPARTMENT OF CORRECTIONS et al., Defendants and Appellants.

105 Cal.Rptr.2d 46

25 Cal.4th 117

18 P.3d 1198

Thomas M. THOMPSON et al., Plaintiffs and Respondents, v. DEPARTMENT OF CORRECTIONS et al., Defendants and Appellants.

No. S071080.

Supreme Court of California.

March 22, 2001.

Rehearing Denied May 16, 2001.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Peter J. Siggins, Assistant Attorney General, Morris Lenk, James M. Humes and Susan Duncan Lee, Deputy Attorneys General, for Defendants and Appellants.

Morrison & Foerster, Jordan Eth, John M. Moynihan, Johanna W. Roberts, Jill Fairbrother, San Francisco, and Kristin L. Taylor for Plaintiffs and Respondents.

KENNARD, J.

The superior court issued a preliminary injunction ordering the California Department of Corrections (CDC) to permit the spiritual adviser of an inmate facing execution to remain with him until 25 minutes before execution, rejecting the CDC's contention that general security concerns necessitated the adviser's departure 45 minutes before execution. The Court of Appeal dismissed the CDC's appeal, holding that the appeal fell within this court's exclusive jurisdiction over appeals in capital cases. We conclude that the Court of Appeal did have jurisdiction to hear this civil matter, and that the trial court erred in issuing the preliminary injunction.

I

In July 1997, Thomas M. Thompson, an inmate at San Quentin Prison in Marin County, and his spiritual adviser of choice, Reverend Margaret Harrell (hereafter sometimes collectively referred to as plaintiffs), filed in the Superior Court of Marin County a complaint for declaratory and injunctive relief against the CDC, its director, Thomas Maddock, and Arthur Calderon, who was then the warden of San Quentin Prison (hereafter collectively referred to as defendants). The complaint alleged that Thompson was to be executed at 12:01 a.m. on August 5, 1997, and that defendants' denial of his request to have Reverend Harrell stay with him until he was taken to the execution chamber, which was scheduled to occur 25 minutes before the midnight execution, not only violated his federal and state constitutional rights guaranteeing freedom of religion and prohibiting cruel and/or unusual punishment, but also deprived him of certain rights afforded California prisoners under Penal Code section 2600.¹

On August 4, 1997, the superior court issued a preliminary injunction ordering defendants to permit Reverend Harrell to stay with Thompson until 11:15 p.m. preceding the 12:01 a.m. execution or until he was taken to the execution chamber, whichever was later. Defendants appealed. The notice of appeal did not specify whether the appeal was to this court or to the Court of Appeal, and the clerk of the superior court sent notification of the appeal and the appellate record to the Court of Appeal. (Cal. Rules of Court, rules 1(b), 10(b).)

While the appeal was pending, the United States Court of Appeals for the Ninth Circuit vacated Thompson's execution date because of pending habeas corpus proceedings unrelated to the issues in this case. The United States Supreme Court's denial of Thompson's federal habeas corpus petition concluded those proceedings. (Calderon v. Thompson (1998) 523 U.S. 538, 118 S.Ct. 1489, 140 L.Ed.2d 728.) The Superior Court of Orange County (where defendant's capital trial was held) then scheduled a new execution date of July 14, 1998.

On May 13, 1998, the Court of Appeal dismissed defendants' appeal pertaining to the superior court's preliminary injunction, holding that the matter was within this court's exclusive jurisdiction under article VI, section 11 of the California Constitution. That provision states in pertinent part: "The Supreme Court has appellate jurisdiction when judgment of death has been pronounced." We granted defendants' petition for review, but we did not stay either Thompson's execution or the superior court's preliminary injunction. The execution occurred on July 14, 1998, as scheduled.

Because Thompson has been executed, we could dismiss this proceeding as moot. But when, as here, an otherwise moot case presents important issues that are "capable of repetition, yet evading review" (Southern Pacific Terminal Co. v. ICC (1911) 219 U.S. 498, 515, 31 S.Ct. 279, 55 L.Ed. 310; see also NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1190, fn. 6, 86 Cal.Rptr.2d 778, 980 P.2d 337; Alfredo A. v. Superior Court (1994) 6 Cal.4th 1212, 1219, 26 Cal. Rptr.2d 623, 865 P.2d 56), we may resolve the issues. The questions presented here ordinarily arise just before execution, when the time to review them is limited.

II

Article VI, section 11 of the California Constitution provides: "The Supreme Court has appellate jurisdiction when judgment of death has been pronounced. With that exception courts of appeal have appellate jurisdiction when superior courts have original jurisdiction . .. and in other causes prescribed by statute." (Italics added.) When plaintiffs filed this action, Thompson was under a judgment of death. Plaintiffs challenged not the legality of that judgment but the time at which Thompson's spiritual adviser of choice had to leave him before the execution. Contrary to the Court of Appeal's conclusion, this issue does not fall within our exclusive jurisdiction over death penalty appeals, as we explain below.

The principles of constitutional interpretation are similar to those governing statutory construction. In interpreting a constitution's provision, our paramount task is to ascertain the intent of those who enacted it. (Davis v. City of Berkeley (1990) 51 Cal.3d 227, 234, 272 Cal.Rptr. 139, 794 P.2d 897.) To determine that intent, we "look first to the language of the constitutional text, giving the words their ordinary meaning." (Leone v. Medical Board (2000) 22 Cal.4th 660, 665, 94 Cal.Rptr.2d 61, 995 P.2d 191.) If the language is clear, there is no need for construction. (Delaney v. Superior Court (1990) 50 Cal.3d 785, 798, 268 Cal. Rptr. 753, 789 P.2d 934.) If the language is ambiguous, however, we consider extrinsic evidence of the enacting body's intent. (ITT World Communications, Inc. v. City and County of San Francisco (1985) 37 Cal.3d 859, 868, 210 Cal.Rptr. 226, 693 P.2d 811; see also Board of Supervisors v. Lonergan (1980) 27 Cal.3d 855, 866, 167 Cal.Rptr. 820, 616 P.2d 802; Amador Valley Joint Union High Sch. Dist. v. State Bd. of Equalization (1978) 22 Cal.3d 208, 245-246, 149 Cal.Rptr. 239, 583 P.2d 1281.)

The phrase in article VI, section 11 of the California Constitution (article VI) conferring on this court exclusive appellate jurisdiction "when judgment of death has been pronounced" is ambiguous. It could refer only to direct appeals from the judgment of death. Or, as the Court of Appeal concluded, the phrase could also encompass appeals such as the one in this case, challenging only the time when the condemned inmate's personal spiritual adviser must leave the inmate before the execution. To resolve this ambiguity, we turn to the history of section 11 in article VI.

The current phrase in article VI, section 11 granting this court exclusive appellate jurisdiction "when judgment of death has been pronounced" originated in former article VI, sections 4 and 4b.

Section 4 of former article VI was first enacted as part of the Constitution of 1879, when there were no Courts of Appeal. It gave this court appellate jurisdiction "in all criminal cases prosecuted by indictment, or information in a Court of record on questions of law alone." (Ibid.)

In 1904, when a provision was added to the California Constitution authorizing the creation of the Courts of Appeal, section 4 of former article VI was amended to provide: "The Supreme Court shall have appellate jurisdiction on appeal from the superior courts ... on questions of law alone, in all criminal cases where judgment of death has been rendered. ..." (Cal. Const., former art. VI, § 4, as amended Nov. 8, 1904.) The amended section also gave the Courts of Appeal jurisdiction "in all criminal cases prosecuted by indictment or information ... excepting criminal cases where judgment of death has been rendered." (Ibid.) This language was retained when former article VI, section 4 was again amended in 1918. (Id., as amended Nov. 5, 1918.)

In 1928, section 4 of former article VI was divided into four parts: sections 4, 4a, 4b, and 4c. Section 4 retained the phrase conferring on this court appellate jurisdiction "in all criminal cases where judgment of death has been rendered.... "(Cal. Const., former art. VI, § 4, as amended Nov. 6, 1928.) Moved into section 4b was the phrase that originally appeared in the 1904 amendment of section 4 describing the appellate jurisdiction of the Courts of Appeal as applying to "all criminal cases ... except where judgment of death has been rendered." (Cal. Const., former art. VI, § 4b, as adopted Nov. 6, 1928.)

Thus, beginning in 1904, when the California Constitution authorized creation of the Courts of Appeal, section 4 of former article VI limited this court's exclusive appellate jurisdiction in matters relating to capital punishment to "criminal cases." Under that section, the appeal in this case would not have fallen within this court's exclusive capital jurisdiction, because this is not a criminal but a civil case, in which plaintiffs invoked the equitable powers of the superior court pertaining to a matter that could not have been raised in Thompson's appeal from his sentence of death. (See generally In re Carpenter (1995) 9 Cal.4th 634, 646, 38 Cal.Rptr.2d 665, 889 P.2d 985 [superior court has jurisdiction to hear habeas corpus petition in capital case so long as it does not decide issue that could be raised in pending appeal].)

In 1966, the California Constitution was revised. As part of the revision, former article VI, section 4, pertaining to this court's exclusive appellate jurisdiction "in all criminal cases where...