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STATE OF MICHIGAN
COURT OF APPEALS


RENE JOSE MORALES, Petitioner-Appellee, v MICHIGAN PAROLE BOARD, Respondent-Appellant.

FOR PUBLICATION December 16, 2003 9:00 a.m. No. 239936 Grand Traverse Circuit Court LC No. 01-021884-AP

LAWRENCE C. MEYERS, Petitioner-Appellant, v DEPARTMENT OF CORRECTIONS, Respondent-Appellee. No. 240458 Ingham Circuit Court LC No. 01-094324-AA Updated Copy February 27, 2004

Before: Donofrio, P.J., and Sawyer and O'Connell, JJ. DONOFRIO, P.J. These consolidated appeals concern conflicting circuit court decisions regarding whether a circuit court may hear appeals under the Revised Judicature Act (RJA), MCL 600.631 et seq., from the denial of parole by the Parole Board. In Docket No. 239936, the Parole Board appeals by leave granted the circuit court's order granting petitioner Rene Jose Morales leave to appeal and remanding the matter to the Parole Board for rehearing. Respondent board contends the court erred by ruling that an appeal from a determination of the Parole Board may be brought under the RJA. In Docket No. 240458, petitioner Lawrence C. Meyers appeals by leave granted a different circuit court's order dismissing petitioner's appeal from the Parole Board's denial of parole. Petitioner argues that the circuit court had jurisdiction to hear his appeal under the RJA.

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We find that appeals from the Parole Board's denial of parole are not allowed under the RJA, and thus reverse the order of the circuit court in Docket No. 239936, and affirm the order of the circuit court in Docket No. 240458. INTRODUCTION These appeals involve two conflicting circuit court decisions regarding the appealability of denials of parole by the Parole Board. In Docket No. 239936, the circuit court granted judicial review under the RJA of the Parole Board's decision denying petitioner Morales parole. Respondent Parole Board appealed by leave granted. In Docket No. 240458, the circuit court denied petitioner Meyers's request for judicial review under the RJA of the Parole Board's denial of his parole. This Court granted petitioner Meyers's application for leave to appeal. The appeals were consolidated in order to facilitate our review of the common issues and to resolve the conflict. I Initially we observe that both petitioner Morales and petitioner Meyers were paroled during the pendency of these appeals. Following his parole, petitioner Morales moved to dismiss the case on the ground that it was moot. This Court denied the motion. Petitioner Meyers, instead of moving for a dismissal, argues on appeal that this Court should hear this case because it is of public significance and is capable of repetition and has so far evaded review. This Court's duty is to consider and decide actual cases and controversies. Federated Publications, Inc v City of Lansing, 467 Mich 98, 112; 649 NW2d 383 (2002). "To that end, this Court does not reach moot questions or declare principles or rules of law that have no practical legal effect in the case before us unless the issue is one of public significance that is likely to recur, yet evade judicial review." Id. This Court will entertain cases that are technically moot if the issues involved are of public significance and are likely to recur in the future and yet evade judicial review. In re Wayne Co Election Comm, 150 Mich App 427, 432; 388 NW2d 707 (1986). Generally, a case is not moot if the issues sought to be litigated are capable of repetition, yet evade review. Ferency v Secretary of State, 139 Mich App 677, 681; 362 NW2d 743 (1984). While both petitioners in this case have been paroled, there is no guarantee they will remain on parole. If returned to prison and again denied parole, either petitioner could once again initiate the appeal process. Therefore, we find this issue capable of repetition and not moot. Because this issue is of public significance and capable of repetition while evading review, we will hear the case. II In Docket No. 239936 the Parole Board first argues that petitioner had no legal ground to seek an appeal of its decision denying petitioner Morales parole. The Parole Board argues that the Legislature, through its amendment of the Department of Corrections act, MCL 791.201 et seq., and the Michigan Supreme Court, through the amendment of its court rule, MCR 7.104(D), eliminated appeals by inmates from denials of parole. Parole eligibility is governed by statute,

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and interpretations and applications of statutes are questions of law reviewed de novo. Jackson v Dep't of Corrections, 247 Mich App 380, 381; 636 NW2d 305 (2001). This Court in Hopkins v Parole Bd, 237 Mich App 629, 637-638; 604 NW2d 686 (1999), stated that, [g]enerally, three potential avenues of review exist by which an aggrieved party may challenge an administrative body's decision: (1) review pursuant to a procedure specified in a statute applicable to the particular agency, (2) the method of review for contested cases under the Administrative Procedures Act (APA), MCL 24.201 et seq.; MSA 3.560(101) et seq., or (3) an appeal pursuant to

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Michigan Law