In Re Habeas Corpus Application of Pierpoint

The opinion of the court was delivered by

Lockett, J.:

The Norton Correctional Facility (NCF) appeals a district court order enjoining NCF from proceeding with a disciplinary hearing against an inmate unless the inmate’s retained attorney is allowed to participate in the hearing. NCF claims (1) the inmate was required to exhaust administrative remedies prior to filing a K.S.A. 2000 Supp. 60-1501 habeas corpus petition; (2) under these circumstances, an inmate has no constitutional right to representation by retained legal counsel in a class II disciplinary proceeding; and (3) administrative…