Turner v. Rogers, 10–10.

Decision Date20 June 2011
Docket NumberNo. 10–10.,10–10.
Citation131 S.Ct. 2507,564 U.S. 431,180 L.Ed.2d 452
Parties Michael D. TURNER, Petitioner, v. Rebecca L. ROGERS et al.
CourtU.S. Supreme Court

Seth P. Waxman, Washington, DC, for petitioner.

Leondra R. Kruger, for United States as amicus curiae, by special leave of the Court supporting reversal.

Stephanos Bibas, Philadelphia, PA, for respondents.

Derek J. Enderlin, Ross & Enderlin, P.A., Greenville, SC, Kathrine Haggard Hudgins, South Carolina Commission on Indigent Defense, Columbia, SC, Seth P. Waxman, Counsel of Record, Paul R.Q. Wolfson, Catherine M.A. Carroll, Sonya L. Lebsack, Shivaprasad Nagaraj, Wilmer Cutler Pickering, Hale and Dorr LLP, Washington, DC, for Petitioner.

Stephanos Bibas, Counsel of Record, James A. Feldman, Nancy Bregstein Gordon, Amy Wax, University of Pennsylvania Law School, Supreme Court Clinic, Philadelphia, PA, Stephen B. Kinnaird, Panteha Abdollahi, D. Scott Carlton, Eric A. Long, Paul, Hastings, Janofsky & Walker LLP, Washington, DC, for Respondents.

Leondra R. Kruger, Acting Deputy Solicitor General, Washington, D.C., for United States as Amicus Curiae Supporting Reversal.

Justice BREYER delivered the opinion of the Court.

South Carolina's Family Court enforces its child support orders by threatening with incarceration for civil contempt those who are (1) subject to a child support order, (2) able to comply with that order, but (3) fail to do so. We must decide whether the Fourteenth Amendment's Due Process Clause requires the State to provide counsel (at a civil contempt hearing) to an indigent person potentially faced with such incarceration. We conclude that where as here the custodial parent (entitled to receive the support) is unrepresented by counsel, the State need not provide counsel to the noncustodial parent (required to provide the support). But we attach an important caveat, namely, that the State must nonetheless have in place alternative procedures that assure a fundamentally fair determination of the critical incarceration-related question, whether the supporting parent is able to comply with the support order.

I
A

South Carolina family courts enforce their child support orders in part through civil contempt proceedings. Each month the family court clerk reviews outstanding child support orders, identifies those in which the supporting parent has fallen more than five days behind, and sends that parent an order to "show cause" why he should not be held in contempt. S.C. Rule Family Ct. 24 (2011). The "show cause" order and attached affidavit refer to the relevant child support order, identify the amount of the arrearage, and set a date for a court hearing. At the hearing that parent may demonstrate that he is not in contempt, say, by showing that he is not able to make the required payments. See Moseley v. Mosier, 279 S.C. 348, 351, 306 S.E.2d 624, 626 (1983) ("When the parent is unable to make the required payments, he is not in contempt"). If he fails to make the required showing, the court may hold him in civil contempt. And it may require that he be imprisoned unless and until he purges himself of contempt by making the required child support payments (but not for more than one year regardless). See S.C.Code Ann. § 63–3–620 (Supp.2010) (imprisonment for up to one year of "adult who wilfully violates" a court order); Price v. Turner, 387 S.C. 142, 145, 691 S.E.2d 470, 472 (2010) (civil contempt order must permit purging of contempt through compliance).

B

In June 2003 a South Carolina family court entered an order, which (as amended) required petitioner, Michael Turner, to pay $51.73 per week to respondent, Rebecca Rogers, to help support their child. (Rogers' father, Larry Price, currently has custody of the child and is also a respondent before this Court.) Over the next three years, Turner repeatedly failed to pay the amount due and was held in contempt on five occasions. The first four times he was sentenced to 90 days' imprisonment, but he ultimately paid the amount due (twice without being jailed, twice after spending two or three days in custody). The fifth time he did not pay but completed a 6–month sentence.

After his release in 2006 Turner remained in arrears. On March 27, 2006, the clerk issued a new "show cause" order. And after an initial postponement due to Turner's failure to appear, Turner's civil contempt hearing took place on January 3, 2008. Turner and Rogers were present, each without representation by counsel.

The hearing was brief. The court clerk said that Turner was $5,728.76 behind in his payments. The judge asked Turner if there was "anything you want to say." Turner replied,

"Well, when I first got out, I got back on dope. I done meth, smoked pot and everything else, and I paid a little bit here and there. And, when I finally did get to working, I broke my back, back in September. I filed for disability and SSI. And, I didn't get straightened out off the dope until I broke my back and laid up for two months. And, now I'm off the dope and everything. I just hope that you give me a chance. I don't know what else to say. I mean, I know I done wrong, and I should have been paying and helping her, and I'm sorry. I mean, dope had a hold to me." App. to Pet. for Cert. 17a.

The judge then said, "[o]kay," and asked Rogers if she had anything to say. Ibid. After a brief discussion of federal benefits, the judge stated,

"If there's nothing else, this will be the Order of the Court. I find the Defendant in willful contempt. I'm [going to] sentence him to twelve months in the Oconee County Detention Center. He may purge himself of the contempt and avoid the sentence by having a zero balance on or before his release. I've also placed a lien on any SSI or other benefits." Id., at 18a.

The judge added that Turner would not receive good-time or work credits, but "[i]f you've got a job, I'll make you eligible for work release."Ibid. When Turner asked why he could not receive good-time or work credits, the judge said, "[b]ecause that's my ruling." Ibid.

The court made no express finding concerning Turner's ability to pay his arrearage (though Turner's wife had voluntarily submitted a copy of Turner's application for disability benefits, cf. post, at 2524, n. 3 (THOMAS, J., dissenting); App. 135a–136a). Nor did the judge ask any followup questions or otherwise address the ability-to-pay issue. After the hearing, the judge filled out a prewritten form titled "Order for Contempt of Court," which included the statement:

"Defendant (was) (was not) gainfully employed and/or (had) (did not have) the ability to make these support payments when due." Id., at 60a, 61a.

But the judge left this statement as is without indicating whether Turner was able to make support payments.

C

While serving his 12–month sentence, Turner, with the help of pro bono counsel, appealed. He claimed that the Federal Constitution entitled him to counsel at his contempt hearing. The South Carolina Supreme Court decided Turner's appeal after he had completed his sentence. And it rejected his "right to counsel" claim. The court pointed out that civil contempt differs significantly from criminal contempt. The former does not require all the "constitutional safeguards" applicable in criminal proceedings. 387 S.C., at 145, 691 S.E.2d, at 472. And the right to government-paid counsel, the Supreme Court held, was one of the "safeguards" not required. Ibid.

Turner sought certiorari. In light of differences among state courts (and some federal courts) on the applicability of a "right to counsel" in civil contempt proceedings enforcing child support orders, we granted the writ. Compare, e.g., Pasqua v. Council, 186 N.J. 127, 141–146, 892 A.2d 663, 671–674 (2006) ; Black v. Division of Child Support Enforcement, 686 A.2d 164, 167–168 (Del.1996) ; Mead v. Batchlor, 435 Mich. 480, 488–505, 460 N.W.2d 493, 496–504 (1990) ; Ridgway v. Baker, 720 F.2d 1409, 1413–1415 (C.A.5 1983) (all finding a federal constitutional right to counsel for indigents facing imprisonment in a child support civil contempt proceeding), with Rodriguez v. Eighth Judicial Dist. Ct., County of Clark, 120 Nev. 798, 808–813, 102 P.3d 41, 48–51 (2004) (no right to counsel in civil contempt hearing for nonsupport, except in "rarest of cases"); Andrews v. Walton, 428 So.2d 663, 666 (Fla.1983) ("no circumstances in which a parent is entitled to court-appointed counsel in a civil contempt proceeding for failure to pay child support"). Compare also In re Grand Jury Proceedings, 468 F.2d 1368, 1369 (C.A.9 1972)(per curiam) (general right to counsel in civil contempt proceedings), with Duval v. Duval, 114 N.H. 422, 425–427, 322 A.2d 1, 3–4 (1974) (no general right, but counsel may be required on case-by-case basis).

II

Respondents argue that this case is moot. See Massachusetts v. Mellon, 262 U.S. 447, 480, 43 S.Ct. 597, 67 L.Ed. 1078 (1923) (Article III judicial power extends only to actual "cases" and "controversies"); Alvarez v. Smith, 558 U.S. 87, ––––, 130 S.Ct. 576, 580, 175 L.Ed.2d 447 (2009) ("An actual controversy must be extant at all stages of review" (internal quotation marks omitted)). They point out that Turner completed his 12–month prison sentence in 2009. And they add that there are no "collateral consequences" of that particular contempt determination that might keep the dispute alive. Compare Sibron v. New York, 392 U.S. 40, 55–56, 88 S.Ct. 1889, 20 L.Ed.2d 917 (1968) (release from prison does not moot a criminal case because "collateral consequences" are presumed to continue), with Spencer v. Kemna, 523 U.S. 1, 14, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998) (declining to extend the presumption to parole revocation).

The short, conclusive answer to respondents' mootness claim, however, is that this case is not moot because it falls within a special category of disputes that are "capable of repetition" while "evading review." Southern Pacific Terminal Co. v. ICC, 219 U.S. 498, 515, 31 S.Ct. 279, 55...

To continue reading

Request your trial
566 cases
  • Norwood v. Cate, CASE NO. 1:09-cv-00330-AWI-SAB (PC)
    • United States
    • U.S. District Court — Eastern District of California
    • March 15, 2013
    ...be subjected to the same offending conduct. Demery, 378 F.3d at 1026 (quotation marks and citations omitted); see also Turner v. Rogers, 131 S.Ct. 2507, 2514-15 (2011); Alvarez, 130 S.Ct. at 581. Here, the violation at issue are prolonged lockdowns at SATF which deny Plaintiff outdoor exerc......
  • Motley v. Taylor
    • United States
    • U.S. District Court — Middle District of Alabama
    • March 31, 2020
    ...omitted)).) The clearest evidence that these legal theories are separate is in Plaintiff's discussion of Turner v. Rogers , 564 U.S. 431, 131 S.Ct. 2507, 180 L.Ed.2d 452 (2011). Plaintiff quotes Cleveland v. City of Montgomery for its finding that " Turner expanded on Bearden by defining an......
  • Tani v. FPL/Next Era Energy
    • United States
    • U.S. District Court — District of Delaware
    • September 15, 2011
    ...Fifth Amendment “appl[ies] to and restrict[s] only the Federal Government and not private persons”); Turner v. Rogers, ––– U.S. ––––, 131 S.Ct. 2507, 2516, 180 L.Ed.2d 452 (2011) (stating Sixth Amendment does not govern civil cases); Lugar v. Edmondson Oil Co., 457 U.S. 922, 937, 102 S.Ct. ......
  • J.E.F.M. v. Holder
    • United States
    • U.S. District Court — Western District of Washington
    • April 13, 2015
    ...associated with additional or substitute safeguards. See 424 U.S. at 335, 96 S.Ct. 893 ; see also Turner v. Rogers, 564 U.S. 431, 131 S.Ct. 2507, 2517–18, 180 L.Ed.2d 452 (2011).In Turner, in which the Supreme Court employed Mathews, a noncustodial parent, who was incarcerated until he "pur......
  • Request a trial to view additional results
1 firm's commentaries
  • Issues Becoming Moot On Appeal
    • United States
    • Mondaq United States
    • May 11, 2023
    ...interest, as for guidance in future cases.") (citation and internal quotation marks omitted), abrogated on other grounds Turner v Rogers, 564 US 431(2011). Conclusion In summary, although there are certain exceptions, appellate courts generally will not consider issues that have become moot......
20 books & journal articles
  • Review of the Year 2020 in Family Law: COVID-19, Zoom, and Family Law in a Pandemic
    • United States
    • ABA General Library Family Law Quarterly No. 54-4, January 2021
    • January 1, 2021
    ...896, 900 (N.D. 2020). 280. Dep’t of Revenue Child Support Enf’t v. Grullon, 147 N.E.3d 1066, 1073 (Mass. 2020) (citing Turner v. Rogers, 564 U.S. 431 (2011)). 281. Id. at 1071 (citing 45 C.F.R. § 303.6(c)(4) (2016)). 282. Chalmers v. Burrough, 472 P.3d 586, 589 (Kan. Ct. App. 2020), rev’d ,......
  • Temporary relief
    • United States
    • James Publishing Practical Law Books Florida Family Law and Practice - Volume 1
    • April 30, 2022
    ...Law Rules of Procedure-2020 Regular-Cycle Report , 345 So. 3d 69, 71 (Fla. 2020).] Language was added to the form from Turner v. Rogers , 564 U.S. 431, 131 S. Ct. 2507, 180 L.Ed.2d 452 (2011), explaining that the obligor’s ability to pay is a critical issue in contempt proceedings and that ......
  • The Weaponization of Attorney's Fees in an Age of Constitutional Warfare.
    • United States
    • Yale Law Journal Vol. 132 No. 7, May 2023
    • May 1, 2023
    ...the state would be represented by counsel in Scenario Three, an imbalance that would be particularly troublesome. Cf. Turner v. Rogers, 564 U.S. 431, 446-47 (2011) (rejecting the claim that due process requires appointment of counsel for indigent civil litigants facing jail time for contemp......
  • Schoolhouse Property.
    • United States
    • Yale Law Journal Vol. 131 No. 5, March 2022
    • March 1, 2022
    ...for determining the specific procedures required following a determination that a protected interest is implicated); Turner v. Rogers, 564 U.S. 431, 444-45 (2011) (noting that in civil proceedings, courts will "determine the 'specific dictates of due process' by examining the [Mathews facto......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT