Bradbury v. Idaho Judicial Council, 26361.
Decision Date | 10 July 2001 |
Docket Number | No. 26361.,26361. |
Citation | 28 P.3d 1006,136 Idaho 63 |
Parties | John H. BRADBURY, Plaintiff-Appellant, v. IDAHO JUDICIAL COUNCIL, Defendant-Respondent. |
Court | Idaho Supreme Court |
John H. Bradbury, Lewiston, for appellant.
Hon. Alan G. Lance, Attorney General, Boise, for respondent. Roger L. Gabel argued.
John Bradbury (Bradbury) appeals the district court order granting the Idaho Judicial Council's (the Council) motion to dismiss his complaint for declaratory judgment seeking access to the Council's records of investigatory proceedings and requesting an order for a new hearing which he and the public could attend. Bradbury asserted his and the public's right of access to Council proceedings. The district court dismissed his claims. This Court affirms the decision of the district court.
Bradbury is an attorney practicing law in Idaho who represented parties in a proceeding in district court. Following unsuccessful litigation in that case, he appealed to the Idaho Supreme Court which unanimously affirmed the district court decision. Bradbury subsequently filed a petition for rehearing and a motion to disqualify the authoring justice. Both motions were denied by the Court. Bradbury then filed a complaint with the Council against the authoring justice alleging violations of the Code of Judicial Conduct. The Council conducted proceedings and determined that there were no violations.
Following the decision of the Council, Bradbury requested information from the Council, including the minutes and the record of the proceedings and the procedure used by the Council in reaching the decision. The request was made pursuant to the public records legislation ensuring citizens the right to examine and copy public records. Idaho Code (I.C.) § 9-338. The Council denied Bradbury's request, stating that the information was confidential and unavailable for release pursuant to Idaho Court Administrative Rule (I.C.A.R.) 32(d)(20).1
Bradbury filed an action for declaratory judgment and an order to permit inspection and copying of documents, arguing that the failure to release the information violated both his substantive and procedural due process rights guaranteed by the Fourteenth Amendment of the United States Constitution. Bradbury sought an order from the district court to the Council to provide the material pursuant to I.C. § 67-2340 et seq. The Council moved to dismiss the action, and the district court granted the motion, determining that the Council had properly denied the request and that Bradbury's due process rights were not violated. Further, the district court found Bradbury lacked standing to raise the constitutional issue on behalf of the public at large. Bradbury appeals the district court's decision to this Court. He asks this Court to reverse the district court and order the Council to allow him to access the records. He also seeks to have the Council hold a new hearing which he and the public may attend.
I.R.C.P. 12(b)(6) states, in relevant part:
quoting Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90, 96 (1974) (citation omitted).
THE DISTRICT COURT PROPERLY GRANTED THE MOTION TO DISMISS.
The district court determined that I.C.A.R. 32(d)(20) and I.C. § 1-2103 do not unconstitutionally infringe Bradbury's due process rights and, therefore, he had not asserted a claim upon which relief could be granted. The district court also held that Bradbury had no standing to assert claims on behalf of the public in general. However, the district court determined the merits of Bradbury's claims. Because there are no greater rights in the public at large than Bradbury might possess individually, regardless of whether he has standing to assert claims on behalf of the public, this Court will address the merits of the claims.
citing State v. Avelar, 129 Idaho 700, 703, 931 P.2d 1218, 1221 (1997); see also Olsen v. J.A. Freeman Co., 117 Idaho 706, 709, 791 P.2d 1285, 1288 (1990). Again it is a general rule that "a legislative act should be held to be constitutional until it is shown beyond a reasonable doubt that it is not so, and that a law should not be held to be void for repugnancy to the Constitution in a doubtful case." Sanderson v. Salmon River Canal Co., 45 Idaho 244, 256, 263 P. 32, 35 (1927). However, the general presumption is not always applicable.
It has been held in some jurisdictions that when it is proposed by a statute to deny, modify, or diminish a right or immunity secured to the people by a clear and explicit constitutional provision, the presumption in favor of the constitutionality of statutes no longer applies, but a contrary presumption arises against the validity of such statute. Similarly, it has been said that the presumption of constitutionality is inapplicable in civil rights cases involving fundamental constitutional rights.
16 AM.JUR.2D Constitutional Law § 215 (1979).
When a statute infringes on a fundamental right or a suspect class, the presumption is that the statute is invalid unless the state can demonstrate the statute is necessary to serve a compelling state interest. See Heller v. Doe, 509 U.S. 312, 319, 113 S.Ct. 2637, 2641, 125 L.Ed.2d 257, 269 (1993)
(); see also Vacco v. Quill, 521 U.S. 793, 117 S.Ct. 2293, 138 L.Ed.2d 834 (1997). The United States Supreme Court has stated:
(national origin); Graham v. Richardson, 403 U.S. 365 [91 S.Ct. 1848, 29 L.Ed.2d 534] (alienage); Gomez v. Perez, 409 U.S. 535 [93 S.Ct. 872, 35 L.Ed.2d 56] (illegitimacy); Reed v. Reed, 404 U.S. 71 [92 S.Ct. 251, 30 L.Ed.2d 225] (gender).
In the absence of indivious discrimination, however, a court is not free ... to substitute its judgment for the will of the people of a State as expressed in the laws passed by their popularly elected legislatures .... The threshold question, therefore, is whether the ... statute is invidiously discriminatory. If it is not, it is entitled to a presumption of validity....
Parham v. Hughes, 441 U.S. 347, 351-352, 99 S.Ct. 1742, 1745-1746, 60 L.Ed.2d 269, 274-275 (1979).
Among other things, it is normally "within the power of the State to regulate procedures under which its laws are carried out, including the burden of producing evidence and the burden of persuasion," and its decision in this regard is not subject to proscription under the Due Process Clause unless "it offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental." Speiser v. Randall, 357 U.S. 513, 523, 78 S.Ct. 1332, 1341, 2 L.Ed.2d 1460, 1471 (1958); Leland v. Oregon, 343 U.S. 790, 798, 72 S.Ct. 1002, 1007, 96 L.Ed.2d 1302, 1308 (1952); Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 332, 78 L.Ed. 674, 677 (1934).
Patterson v. New York, 432 U.S. 197, 201-202, 97 S.Ct. 2319, 2322-2323, 53 L.Ed.2d
281, 286-287 (1977); see also Aetna Life Ins. Co. v. Lavoie, 475 U.S. 813, 106 S.Ct. 1580, 89 L.Ed.2d 823 (1986)
.
Another way of analyzing the presumptions applicable when the...
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