Sillen will be replaced by McGeorge School of Law professor J. Clark Kelso.

In his seven-page order, Henderson said the receivership needs to move from what has been primarily "an investigative and evaluative phase" toward a system that "must ultimately be transitioned back to the state of California's control."

Henderson said in his order that appointing a new receiver is more "appropriate" for the second phase, one that requires a "style of collaborative leadership."

Sillen prided himself on his combative approach to fixing the prison medical system and drew criticism from lawmakers on both sides of the aisle, as well as from bureaucrats in the corrections agency and other arms of state government such as the Personnel Board.

He also has been at odds with plaintiffs' lawyers who filed the lawsuit that brought about the receivership.

"The receivership must continue to maintain its independence as an arm of the federal courts established to take over state operations, but it also must work more closely at this stage with all stakeholders, including state officials, to ensure that the system developed and implemented by the receivership can be transferred back to the state in a reasonable time frame," Henderson wrote.

By Andy Furillo, The Sacramento Bee
Wednesday, January 23, 2008