October 18, 2018

Colorado Court of Appeals: C.R.C.P. 106.5 Does Not Apply to Actions Seeking Review of Parole Board Decisions

The Colorado Court of Appeals issued its opinion in Moore v. Executive Director, Colorado Department of Corrections on Thursday, July 12, 2018.

C.R.C.P. 106.5—Parole Board Decisions—Subject Matter Jurisdiction.

Moore, an inmate in the custody of the Colorado Department of Corrections (DOC), filed a C.R.C.P. 106.5 petition against defendants, the DOC’s executive director and the warden of the prison facility where Moore was housed. Moore said he was challenging a parole board decision to defer his parole for abuses of discretion. Defendants moved to dismiss for lack of jurisdiction and for naming improper parties. The district court granted the motion, although it was not clear on what grounds.

On appeal, Moore contended that the district court erred in dismissing the action. He continued to argue that he was entitled to review under C.R.C.P. 106.5 and that the legal authority supporting defendants’ dismissal was no longer valid. C.R.C.P. 106.5 does not apply to inmate actions seeking judicial review of parole board decisions. The rule’s scope is limited to review of quasi-judicial decisions within the ultimate authority of the executive director and the facility wardens. It does not apply to parole board decision because the DOC’s executive director and prison facility wardens do not have authority over those decisions.

Dismissal was also required because the petition and complaint sought a level of judicial review that exceeded the district court’s subject matter jurisdiction. The parole board’s decision-making discretion is plenary and not subject to judicial review. Courts have the power to review the parole board’s actions only if the parole board fails to exercise its statutory duties, and that review is in the nature of mandamus relief under C.R.C.P. 106(a)(2).

The judgment was affirmed.

Summary provided courtesy of Colorado Lawyer.

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