SACRAMENTO — California Atty. Gen. Jerry Brown has asked a federal judge to reject a request by the overseer of prison healthcare to seize $8 billion from the state treasury for a construction plan that is shrouded "under a veil of secrecy."
Brown, in a filing with U.S. District Judge Thelton Henderson on Monday and in an interview Tuesday, said the order sought by court-appointed federal receiver J. Clark Kelso to raid the state treasury would violate California's sovereign rights.
He said it also would transgress other provisions of the U.S. Constitution and federal law governing prisons, and would have a catastrophic effect on the state's already shaky finances.
Kelso has asked Henderson to hold Brown's clients, Gov. Arnold Schwarzenegger and Controller John Chiang, in contempt of court for failing to provide the funding.
Brown said Kelso had offered "woefully inadequate justification" that a court order for so much spending, to fund medical facilities with 10,000 beds, was needed to bring healthcare in prisons up to constitutionally required levels. He said in a separate filing that Kelso's aides threatened state lawyers with court sanctions if they revealed specifics of his plan to the public. "The $8 billion consists of a gigantic plan that has never been disclosed to the public, and I think that is completely inconsistent with . . . the right of the people to know how their money is going to be spent," Brown told reporters in Sacramento. "All those plans for all those beds and rooms . . . remain virtually under a veil of secrecy, and that veil should be stripped aside."
Kelso and his staff responded that Brown was twisting the facts and that the attorney general's lawyers had participated in the decision to seal the document. The receiver's chief of staff, John Hagar, said that only the court has the power to allow the plan, still a draft, to be made public.
The draft has been circulating among potential contractors and state officials involved in developing plans to build seven medical facilities for sick and mentally ill prisoners.
"There is no veil of secrecy," Kelso said in a statement. "If there is any veil of secrecy here, it is apparently the veil that the attorney general has placed over his own head."
