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 Mootness-Great Public Import Exception
(In re Stevens )

Mootness-Great Public Import Exception
(In re Stevens )

DISCUSSION

1.  Mootness

            Review of a moot issue is appropriate where it is "of great public import and transcend[s] the concerns of these particular parties."  (Beilenson v. Superior Court (1996) 44 Cal. App.4th 944, 949.)  Even when moot, a novel question of continuing public interest is often deserving of consideration by an appellate court.  (Morehart v. County of Santa Barbara (1994) 7 Cal.4th 725, 746-747 [determining the validity of local zoning ordinance was important to orderly planning even though moot]; John A. v. San Bernardino City Unified School Dist. (1982) 33 Cal.3d 301, 307 [student's readmission to school did not render moot due process issues concerning expulsion].)

            That parole restrictions may be case-specific does not necessarily affect mootness.  This case, however novel, reflects the challenge courts face as they seek to apply traditional principles of law to issues involving cyberspace.  There are federal cases speaking to this issue, but as yet no published California opinion dealing with the issue.[2]  Each year, more than 115,000 parolees are released from our state prisons and are returned into a society increasingly linked to the Internet.  (California Dept. of Corrections, County and Region of Parole Data Analysis Unit, Estimates and Analysis Section (May 2003) Ref. No. Misc-5, Table 1A, p. 4.)  Parole officers must determine what criteria they should use in deciding which parolees will be denied access to the Internet.  We trust our decision will provide guidance to parole officers who bear the responsibility of designing effective and reasonable conditions of parole.  We therefore deny the motion to dismiss.

In re Stevens B1703286/29/04 CA2/6

Jun 29 2004

B170328 [PDF] [DOC]

In re Stevens B1703286/29/04 CA2/6

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