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 Due Process-Prisoners Constitutional Right of Access to Courts
(In re JESUSA V)

Due Process-Prisoners Constitutional Right of Access to Courts
(In re JESUSA V)

Heriberto’s constitutional claim fares no better.  Although there is no dispute that prisoners have a constitutional right of access to the courts (Payne v. Superior Court, supra, 17 Cal.3d at p. 914) and that “absent a countervailing interest of overriding significance, persons forced to settle their claims of right and duty through the judicial process must be given a meaningful opportunity to be heard” (Boddie v. Connecticut (1971) 401 U.S. 371, 377), it does not follow that prisoners have a constitutional right to be personally present at every type of hearing.  Due process guarantees “ ‘notice and opportunity for hearing appropriate to the nature of the case.’ ”  (Id. at p. 378, italics added.)  As we have observed, due process entitles a biological father a meaningful opportunity to qualify as a presumed father.  (Kelsey S., supra, 1 Cal.4th at pp. 840, 843, 849.)  Yet, as with other due process rights, “[h]ow that is to be achieved is to be determined by the exercise of discretion by the trial court.”  (Payne, supra, 17 Cal.3d at p. 927.) 

In re JESUSA V  Filed March 1, 2004-S106843
 

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