Does a prison officer who was charged with assault have to sit on a disciplinary body?

California, United States of America


The following excerpt is from People v. Superior Court (Hamilton), 230 Cal.App.3d 1592, 281 Cal.Rptr. 900 (Cal. App. 1991):

[230 Cal.App.3d 1597] "[W]e emphasize that the requirement of an impartial tribunal prohibits only those officials who have a direct personal or otherwise substantial involvement, such as major participation in a judgmental or decision-making role, in the circumstances underlying the charge from sitting on the disciplinary body. This would normally include only those such as the charging and the investigating staff officers who were directly involved in the incident. It would not include those who are only tangentially affected by the alleged misconduct, such as prison officials who may have some administrative connection with such misconduct prior to hearings." (Meyers v. Alldredge, supra, 492 F.2d at p. 306, fn. omitted.)

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