Board of County Com'rs of Sedgwick County v. Noone

• Decision Date: 08 June 1984
• Docket Number: No. 56584,56584
• Citation: 682 P.2d 1303,235 Kan. 777
• Parties: The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SEDGWICK, Kansas, Petitioner, v. The Honorable James J. NOONE, Administrative Judge, 18th Judicial District, and Dorothy I. Van Arsdale, Clerk of the District Court, 18th Judicial District, Respondents.
• Court: Kansas Supreme Court

Page 1303

682 P.2d 1303

235 Kan. 777

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SEDGWICK Kansas, Petitioner, v. The Honorable James J. NOONE, Administrative Judge, 18th Judicial District, and Dorothy I. Van Arsdale Clerk of the District Court, 18th Judicial District, Respondents.

No. 56584.

Supreme Court of Kansas.

June 8, 1984.

Syllabus by the Court

1. Mandamus in the Supreme Court is a proper remedy where the essential purpose of the proceeding is to obtain an authoritative interpretation of the law for the guidance of public officials in their administration of public business, notwithstanding the fact there also exists an adequate remedy at law.

2. A clerk of the district court is a ministerial officer and is bound by the statutes in the performance of his or her official duties involving the handling of public moneys.

3. Under K.S.A.1983 Supp. 19-101a, the home rule powers of a county are derived from the legislature, not from the Kansas Constitution. They are subject to the specific statutory limitation and restriction that a county may not affect the courts located therein. A county does not have the authority to control the acts of a clerk of the district court.

4. A clerk of the district court is required by the existing statutes to pay to the state treasurer all fines, penalties, and forfeitures including those received as a result of violations of county resolutions.

Edward L. Keeley, Asst. County Counselor, Wichita, argued the cause, and William D. Rustin, County Counselor, Wichita, was with him on the pleadings for the petitioner.

Dan Biles, Asst. Atty. Gen., argued the cause, and Robert T. Stephan, Atty. Gen., was with him on the pleadings for the respondents.

PRAGER, Justice:

This is an original action in mandamus, filed in the Supreme Court, in which the petitioner/plaintiff, Board of County Commissioners of Sedgwick County (Board), seeks a writ of mandamus directing the respondent/defendant, Dorothy I. Van Arsdale, Clerk of the District Court of Sedgwick County, to remit all fines received for violations of Sedgwick County home rule resolutions to the county treasurer for deposit in the county general fund. Plaintiff also seeks a writ directing the Honorable James J. Noone, Administrative Judge of the Eighteenth Judicial District, to permit the clerk to remit such fines.

The parties agree that the facts are undisputed and are as set forth in the plaintiff's petition: On August 15, 1983, the plaintiff Board passed county resolution # 211-1983, pursuant to the home rule authority granted Sedgwick County by K.S.A. 19-101 et seq. That resolution provides for certain traffic regulations applicable to the unincorporated area of Sedgwick County and makes violations of those regulations punishable by fine and/or imprisonment consistent with similar violations under state laws. Section XXVI of the resolution provides as follows:

"SECTION XXVI: FINES AND COURT COSTS

"The Clerk of the District Court of the Eighteenth Judicial District shall pay over to the Sedgwick County Treasurer all moneys collected as a fine for violations of this resolution. Such money shall be deposited in the general fund of Sedgwick County, Kansas. The Clerk of the District Court shall distribute court costs collected for violations of this resolution in the same manner as such costs are distributed for misdemeanor violations under state law."

Subsequent to its adoption, a copy of resolution # 211-1983 was provided to defendant, Judge James J. Noone. Judge Noone initially took the position and advised the Board that he would direct Dorothy I. Van Arsdale, as clerk, to remit fines derived from the enforcement of county resolutions to the state treasurer where the underlying county offense duplicates state traffic laws. At that time, Judge Noone further advised the Board that Sedgwick County would receive fines derived from the enforcement of a county resolution where the underlying county offense did not duplicate state traffic laws. After the defendants retained the attorney general as counsel in this case, they took the position that there is no statutory authority under which the clerk of the district court may pay to the county treasurer any moneys collected by the clerk's office for the enforcement of county regulations adopted pursuant to home rule authority, whether or not the county offense duplicates the state traffic laws.

In its petition, the plaintiff Board alleged that the position taken by the defendants effectively nullifies Section XXVI of county resolution # 211-1983. The plaintiff stated that it relied upon the projected traffic fines to be derived from # 211-1983 in setting its budget for fiscal year 1984. It further alleged that, without this revenue, eleven traffic officer positions of the Sedgwick County sheriff's office will have to be eliminated, since no other source of revenue is available, with the result that enforcement of all traffic regulations in Sedgwick County will suffer. The plaintiff brought this action to obtain an authoritative interpretation of the state law for the guidance of public officials in their administration of public business. In its petition, plaintiff prays that the Supreme Court accept and exercise original jurisdiction in this proceeding and issue a writ of mandamus. The defendants, in their response to the petition, requested that the petition for a writ of mandamus be denied, because there is no statutory authority under which the clerk of the district court may pay to the county treasurer funds collected by the clerk's office for the enforcement of county traffic regulations.

At the outset, we must first determine the jurisdictional question whether this is an appropriate case for an original action in mandamus in the Supreme Court. Both parties agree that the court has jurisdiction, that the case is appropriate, and that the issue presented should be determined on its merits. We have no hesitancy in holding that this is an appropriate case for an original action in mandamus in this court. The purpose of this proceeding is obviously to obtain an authoritative interpretation of statutory law for the guidance of clerks of the district court, as public officers, in carrying out their public duties. All parties to this proceeding are public agencies or officers. The issue presented is purely one of law involving the distribution of public funds. The defendant, clerk of the district court, has a legal duty to remit fines derived from traffic violations either to the county treasurer pursuant to Section XXVI of the resolution or to remit such fines to the state treasurer. Judge Noone, as administrative judge, has a duty to supervise the clerk of the district court to insure that all fines are remitted as required by law. It is clear that the duty of the clerk as to the disposition of fines is mandated by law and does not involve the exercise of discretion.

The rule is well established in this state that mandamus in the Supreme Court is a proper remedy where the essential purpose of the proceeding is to obtain an authoritative interpretation of the law for the guidance of public officials in their administration of the public business, notwithstanding the fact there also exists an adequate remedy at law. Manhattan Buildings, Inc. v. Hurley, 231 Kan. 20, 643 P.2d 87 (1982); Stephens v. Van Arsdale, 227 Kan. 676, 608 P.2d 972 (1980); Mobil Oil Corporation v. McHenry, 200 Kan. 211, 436 P.2d 982 (1968). This court has often exercised its original jurisdiction in mandamus to provide a speedy adjudication of issues of law affecting public officials. We further believe the issue presented has a significant statewide interest. A decision in this proceeding will affect the distribution of moneys collected as fines for violations of county resolutions in all Kansas counties. Under the circumstances, it is clear that the Supreme Court has jurisdiction in mandamus and that this case is appropriate for the exercise of that jurisdiction.

The basic issue presented in the case is essentially this: Is there statutory authority which requires the Clerk of the District Court of the Eighteenth Judicial District to pay to the Sedgwick County Treasurer moneys collected by the clerk's office as fines, resulting from the enforcement of county traffic regulations adopted by Sedgwick County pursuant to its statutory home rule authority? Before turning to the specific question, it would be helpful to review the Kansas statutes which the parties have cited as applicable to the present controversy. The general provisions which govern the home rule powers of counties are contained in K.S.A. 19-101 et seq. K.S.A. 19-101 covers the general powers which are granted by statute to a county as a public corporation. Among others, a county is authorized to exercise the home rule powers to determine their local affairs in government provided for in K.S.A.1983 Supp. 19-101a. K.S.A.1983 Supp. 19-101a provides that the board of county commissioners may transact all county business and perform such powers of local legislation and administration it deems appropriate, subject only to certain limitations, restrictions or prohibitions. Among the limitations, restrictions, and prohibitions mentioned are provisions that counties shall be subject to all acts of the legislature which apply uniformly to all counties, and that counties may not affect the courts located therein. Of the seventeen specific limitations on the home rule powers of counties, only these two would seem to be applicable in the case now before us.

K.S.A. 19-101c provides, in substance, that a county's home rule powers shall be liberally construed for the purpose of giving to counties the largest measure of self-government. K.S.A. 19-101d grants the power to a county board to enforce all resolutions passed pursuant to county home rule powers, either by injunction or by prescribing penalties for violations by fines or by...