Chavis v. Yankton County, 22213.
| Decision Date | 04 December 2002 |
| Docket Number | No. 22213.,22213. |
| Parties | Robert L. CHAVIS, Individually and in his capacity as the Yankton County State's Attorney, Plaintiff and Appellant, v. YANKTON COUNTY, Yankton, South Dakota, Defendant and Appellee. |
| Court | South Dakota Supreme Court |
Robert L. Chavis, Yankton, South Dakota, Attorney for plaintiff and appellant.
Richard L. Travis, Sioux Falls, South Dakota, Attorney for defendant and appellee. TIEDE, Circuit Judge.
[¶ 1.] Yankton County Commission (Yankton County) passed a resolution which provided that as of January 1, 2000, all monies payable from other counties for legal fees incurred for representation by the Yankton County State's Attorney for involuntary mental illness commitment proceedings would be billed by the county auditor's office and received into the county general fund. Robert L. Chavis (Chavis), individually and in his capacity as the Yankton County State's Attorney, appealed Yankton County's passing of the resolution to the circuit court. The circuit court found that the resolution was valid and binding. Chavis has appealed. We affirm.
[¶ 2.] The South Dakota Human Services Center (Center) is located in Yankton County, South Dakota. An individual who is involuntarily committed to the Center is entitled to an involuntary commitment hearing and periodic review hearings until such time as the individual is discharged from the Center.
[¶ 3.] SDCL 27A-11A-4 provides that the state's attorney for the county in which the proceedings are held shall represent the petitioner. The statute further provides that "[t]he county ultimately shown to be the county of residence shall reimburse the county in which the proceeding is held for any reasonable cost of such representation." SDCL 27A-11A-4.
[¶ 4.] Chavis is the full-time state's attorney for Yankton County. He is assisted by a full-time deputy state's attorney. Yankton County establishes the salaries of both Chavis and the deputy state's attorney. On August 15, 2000, Yankton County passed, and thereafter published, a resolution which provided:
[A]s of January 1, 2000 all monies payable from other counties for legal fees incurred for representation by the Yankton County States [sic] Attorney's office for involuntary mental illness commitment proceedings be billed by the Auditor's office and receipted in to [sic] the Yankton County general fund.
[¶ 5.] Prior to this resolution, the Yankton County State's Attorney and various Yankton County Deputy State's Attorneys appearing at involuntary commitment hearings billed the county of residence of the individual involved in the proceeding, were paid directly by that county, and retained such compensation rather than remitting it to Yankton County. This compensation was in addition to any compensation paid to the state's attorney or any deputy state's attorney by Yankton County.
[¶ 6.] Chavis, individually and in his capacity as the Yankton County State's Attorney, appealed the resolution passed by Yankton County to the circuit court.1 A court trial was held on October 1, 2001. The circuit court entered its findings of fact and conclusions of law dated December 10, 2001. The circuit court found that the Yankton County State's Attorney has a statutory duty to represent the petitioner in involuntary commitment proceedings held in Yankton County. It concluded that the resolution was valid and binding and that Yankton County was entitled to reimbursement from the county of residence of the individual for any reasonable cost of said representation. Chavis claims the resolution is illegal.
[¶ 7.] "SDCL 7-8-30 provides [that] an appeal from a decision of a county commission shall be heard and determined by the circuit court de novo." Coyote Flats v. Sanborn County Com'n, 1999 SD 87, ¶ 7, 596 N.W.2d 347, 349. While the circuit court's review of the agency decision is de novo, we have cautioned the courts not to sit as a "`one man Board of Adjustment.'" See In re Conditional Use Permit Denied to Meier, 2000 SD 80, ¶ 22, 613 N.W.2d 523, 530
. "Rather, the circuit court must determine whether the county commission's decision was `arbitrary or capricious,' in which case the court `should reverse the decision and remand to the Board for further proceedings.'" In re Approval of Frawley Development, 2002 SD 2, ¶ 7, 638 N.W.2d 552, 554 (). "Conversely, if the court finds no evidence that the county commission made its decision with `personal, selfish or fraudulent motives, or false information,' the circuit court must affirm the commission's decision." Frawley Development, 2002 SD 2 at ¶ 7, 638 N.W.2d at 554 (quoting Coyote Flats, 1999 SD 87 at ¶ 16, 596 N.W.2d at 351-52).
[¶ 8.] Likewise, "[t]his Court is not warranted in directing the manner in which the Commission should exercise its legal discretion." Coyote Flats, 1999 SD 87 at ¶ 42, 596 N.W.2d at 356-357 (citations omitted). In our review of the county commission's decision after an appeal to the circuit court, "`we apply the clearly erroneous standard to factual findings, but accord no deference to the legal conclusions of the circuit court'" Id. at ¶ 7, 596 N.W.2d at 349 (quoting Gregoire v. Iverson, 1996 SD 77, ¶ 14, 551 N.W.2d 568, 570) (citing Tri County Landfill Ass'n v. Brule County, 535 N.W.2d 760, 763 (S.D. 1995)).
[¶ 9.] Whether the resolution adopted by Yankton County was arbitrary and capricious.
[¶ 10.] An individual who is involuntarily committed is statutorily entitled to a hearing before the county board of mental illness pursuant to SDCL ch 27A-11A et seq. In addition, an individual is entitled to periodic review hearings until such time as he or she is discharged. SDCL 27A-11A-7 provides that counsel be appointed to represent the mentally ill person at such hearings. The county of residence of the person represented shall pay the counsel appointed by the county board or the court. SDCL 27A-11A-12.
[¶ 11.] The state's attorney of the county in which the commitment or review proceeding is held is statutorily required to appear and represent the petitioner in the proceedings. SDCL 27A-11A-4 provides:
[¶ 12.] A large number of hearings are held in Yankton County due to the location of the Center in Yankton County. Chavis, as Yankton County State's Attorney, has a statutory duty pursuant to SDCL 27A-11A-4 to represent the petitioner at those hearings.
[¶ 13.] Chavis is paid a salary by Yankton County for performing his duties as a full-time state's attorney. As a full-time state's attorney for Yankton County, Chavis is prohibited from acting as "counsel or attorney in any action, civil or criminal, in the courts of this state except when acting on behalf of his county or the state of South Dakota." SDCL 7-16-19. SDCL 7-16-18 provides:
Other than fees payable for child support enforcement services upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners, fees payable upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners under the Violence Against Women Act, 42 USC 3796gg et seq. as of January 1, 1997, and fees payable under contract for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to § 7-16-6 or fees payable for representation of a board or commission acting pursuant to chapter 46A-10A, the state's attorney may not receive any fee or reward from or on behalf of any prosecutor or other individual for services in any prosecution or business to which it is the state's attorney's official duty to attend, nor be concerned as attorney or counselor for either party, other than for the state or county, in any civil action depending on the same state of facts upon which any criminal prosecution commenced, but undetermined, shall depend. No state's attorney, while in office, is eligible to hold any judicial office. A full-time state's attorney, as defined by § 7-16-19, is not entitled to receive the fees payable for child support enforcement services or services under the Violence Against Women Act provided herein, nor is a full-time state's attorney entitled to extra compensation for representing the county or its officers in civil cases and administrative proceedings outside the county provided herein or for representing a board or commission acting on drainage matters. (emphasis added).
Further, SDCL 7-16-23 provides:
Other than fees for child support enforcement services made upon the request of the Department of Social Services to a state's attorney under a cooperative agreement with the board of county commissioners, fees payable upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners under the Violence Against Women Act, 42 USC 3796gg et seq. as of January 1, 1997, and fees payable under contract for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to § 7-16-6, a board of county commissioners may not give or pay any fees or costs to a state's attorney as part of a salary or in...
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