Opinion
No. 91601–2.
04-11-2016
In the Matter of the Personal Restraint of Cecil L. MORTON, III, Petitioner.
ORDER
¶ 1 Cecil Morton moved for discretionary review of the dismissal of his personal restraint petition by the acting chief judge of Division Two of the Court of Appeals. Department One of this court, composed of Chief Justice Madsen and Justices Johnson, Fairhurst, Wiggins and Gordon McCloud, considered this matter at its March 29, 2016, Motion Calendar, and unanimously agreed as follows: Mr. Morton has established that he was not afforded minimum due process protections in the conduct of a prison disciplinary hearing on allegations that Mr. Morton assaulted his wife when ending their prison visit to avoid confrontation with another prisoner and visitor. See RAP 16.4(c); In re Pers. Restraint of Grantham, 168 Wash.2d 204, 227 P.3d 285 (2010). The Department of Corrections has not refuted Mr. Morton's assertion that department staff refused to include Mr. Morton's wife on a list of requested witnesses and has not provided a record of reasons for disallowing her participation as a witness by telephone or in person or through provision of a written statement. See WAC 137–28–300(6). Accordingly,
¶ 2 IT IS HEREBY ORDERED:
¶ 3 (1) The personal restraint petition is granted in part; and
¶ 4 (2) The matter is remanded to the Department of Corrections to conduct a new hearing at which the hearing officer shall allow Mr. Morton's wife to participate as a witness by telephone or in person unless the hearing officer determines on the record that such participation would be unduly hazardous to facility safety or correctional goals. If the hearing officer determines that participation as a witness by telephone or in person would be unduly hazardous to facility safety or correctional goals, the hearing officer shall allow Mr. Morton's wife to provide a written witness statement unless the hearing officer determines on the record that allowing such a witness statement would be unduly hazardous to facility safety or correctional goals.
For the Court
/s/ Madsen, C.J.
CHIEF JUSTICE