Legislating from the Bench: Judicial Activism in California and its Increasing Impact on Adult Prison Reform

California's prison system is operating at 194% capacity and is in drastic need of reform. With the failure of the executive and legislative branches to ameliorate the growing problems, California's judges have taken action and mandated sweeping reforms through their judicial decisions. This paper seeks to explore why California's judges continue to take on this role of activism. First, the major cases that have impacted the adult prison system from 1995-2005 are reviewed. Next, the paper explores national trends to determine whether or not California is an anomaly. Based on a review of the Prison Litigation Reform Act of 1996's impact on prisoner litigation and the judicial trends in New York, Florida, and Texas, the conclusion is that California is, in fact, an anomaly. Accordingly, the paper identifies three factors as the most significant drivers of California's judicial activism: the existence of the Prison Law Office; the personal influence of Judge Thelton E. Henderson; and California's unique political climate. Finally, this paper concludes by identifying the policy implications of a judiciary-dependent path towards prison reform.