Crooks v. Maynard

• Decision Date: 04 August 1989
• Docket Number: 85-3079.,Civ. No. 85-3074
• Citation: 718 F. Supp. 1460
• Parties: Donna CROOKS, Plaintiff, v. Honorable John H. MAYNARD, Defendant. Brenda HOLMES, Plaintiff, v. Honorable John H. MAYNARD, Defendant.
• Court: U.S. District Court — District of Idaho

718 F. Supp. 1460

Donna CROOKS, Plaintiff, v. Honorable John H. MAYNARD, Defendant.

Brenda HOLMES, Plaintiff, v. Honorable John H. MAYNARD, Defendant.

Civ. Nos. 85-3074, 85-3079.

United States District Court, D. Idaho.

August 4, 1989.

William J. Tway, Anton J. Hohler, Tway & Rosenheim, Boise, Idaho, for plaintiffs.

Brian K. Julian, Quane Smith Howard & Hull, Boise, Idaho, for defendant.

MEMORANDUM OPINION AND ORDER

RYAN, Chief Judge.

I. FACTS & PROCEDURE

Defendant was, at all times relevant to this suit, a District Judge of the Second Judicial District of the State of Idaho, where he also served as Administrative District Judge. Plaintiff Donna Crooks was the clerk of the district court, and the ex officio auditor and recorder for Nez Perce County, Idaho.

In early 1985, Crooks appointed Plaintiff Brenda Holmes as a deputy clerk. Defendant did not have any opportunity to pass on Holmes' qualifications and fitness for the position prior to her appointment.

On April 23, 1985, defendant issued an administrative order preventing Holmes from performing any duties connected with the operation of the courts and from interfering with the deputy clerks' performance of their duties.¹ Crooks received a copy of that order the day it was issued.

On April 25, 1985, plaintiffs went to the second floor of the Nez Perce County Courthouse, where the clerks' office and judicial chambers are located. Plaintiffs state that their reason for being there was to find a suitable location for installing a computer. Plaintiffs were confronted by a magistrate judge, who warned them that they might be in violation of defendant's administrative order.

Hearing the disturbance in the hall, defendant came out of his chambers, and ordered plaintiffs off the second floor. Plaintiffs stated that they were not in violation of defendant's order. Defendant gave them ten seconds to leave the floor, and had them jailed for contempt when they refused. Later the same day, defendant entered an order which recited the above facts and found plaintiffs in contempt. Defendant ordered that plaintiffs would be released upon their assurance that they would comply with the April 23rd order. Plaintiffs were released following an emergency petition to the Idaho Supreme Court for a writ of habeas corpus.

This court previously granted summary judgment for defendant, holding that this suit was barred by absolute judicial immunity. This order was affirmed by the Court of Appeals, Crooks v. Maynard, 820 F.2d 329 (9th Cir.1987). The Supreme Court vacated the Ninth Circuit opinion and remanded it for reconsideration in light of Forrester v. White, 484 U.S. 219, 108 S.Ct. 538, 98 L.Ed.2d 555 (1988). The circuit, in turn, remanded it to this court. Crooks v. Maynard, 851 F.2d 1562 (9th Cir.1988).

This case is again before the court on defendants' Motion for Summary Judgment.

II. ANALYSIS

A. Eleventh Amendment

Defendant first argues that this suit is precluded by the eleventh amendment to the United States Constitution, since defendant is sued for his acts as a state judge. He relies on Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). However, Scheuer held that holding a state official personally liable for damages for violation of federal constitutional rights under color of state law was not forbidden by the eleventh amendment. Id. at 237-38, 94 S.Ct. at 1687.

Defendant also states that any judgment against him would be satisfied from state monies, since, by Idaho statute, the state would probably be required to indemnify him. The Ninth Circuit has held that a state cannot expand its eleventh amendment immunity by indemnifying officials who are otherwise not immune. Demery v. Kupperman, 735 F.2d 1139 (9th Cir.1984). Thus, there is no eleventh amendment immunity in this case.

B. Judicial Immunity

Defendant's second argument, which lies at the heart of this case, is that he is protected by absolute judicial immunity. The Ninth Circuit called upon this court to reconsider its order granting summary judgment in light of several Supreme Court precedents.

First, this court was called upon to consider whether Judge Maynard's actions were judicial in nature under Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978). However, the Ninth Circuit has already considered this issue, and held that Judge Maynard was acting in a judicial capacity under Stump. Crooks v. Maynard, 820 F.2d 329, 333 (9th Cir. 1987).

Second, this court was called upon to determine whether Judge Maynard had jurisdiction to enter the order of contempt, and, if not, whether he was acting in the clear absence of all jurisdiction. As the circuit noted, this court has already answered the first issue in the affirmative, and the circuit has answered the second issue in the negative. Id. at 333-34.

With all respect to the circuit, the Supreme Court merely called upon the circuit to reconsider its opinion in light of Forrester v. White. After reviewing this case in light of the authorities referred to by the Ninth Circuit, this court believes the only new element in the analysis is the effect that Forrester might have on this case.

In Forrester, plaintiff was a probation officer for the Illinois state court system, hired by defendant state judge. The same judge also demoted and ultimately fired her. Plaintiff filed suit based on the Civil Rights Act of 1964 and 42 U.S.C. § 1983, and defendant claimed absolute judicial immunity. Forrester v. White, 484 U.S. at ___, 108 S.Ct. at 540-41, 98 L.Ed.2d at 561.

The Court held that absolute immunity attaches not to officials, but to functions. Id. 484 U.S. at ___, 108 S.Ct. at 544, 98 L.Ed.2d at 565. Thus, the mere fact that the defendant in that case happened to be a judge did not give him absolute immunity. This was true despite the fact that the actions which gave rise to the suit could only be carried out by a judge under Illinois law. Id. 484 U.S. at ___, 108 S.Ct. at 545-46, 98 L.Ed.2d at 567. The Court left open the possibility that some form of qualified executive immunity might apply. Id.

The Court further held that employment decisions such as demotion and firing of court employees are administrative functions, to which absolute judicial immunity does not attach. Id. 484 U.S. at ___, 108 S.Ct. at 545, 98 L.Ed.2d at 566. In issuing this holding, the Court acknowledged that such employment decisions may often have an impact on a judge's adjudicative functions. Id.

There are parallels between the case at bar and Forrester. Under Idaho Code § 1-907, administrative judges such as defendant have authority over the assignment and supervision of deputy court clerks. Crooks v. Maynard, 112 Idaho 312, 732 P.2d 281 (1987). Idaho Code § 1-907 empowers administrative judges to enter orders such as that entered here, which barred Plaintiff Holmes from working in the court system or interfering with the functioning of deputy clerks. Id. However, Forrester teaches that the fact that only judges can carry out these functions does not make them judicial acts.

There is one important distinction between the case at bar and Forrester. Here, defendant's decision was couched in terms of a court order. When plaintiffs violated this order, they were jailed for contempt.

Central to the immunity issue is how one wishes to characterize this case. As defendant argues it, this is a simple matter of plaintiffs being cited for contempt for disobeying defendant's order. According to plaintiffs, this is a personnel dispute disguised as a judicial proceeding.

1. Absolute Immunity.

This case can reasonably be viewed as one of absolute judicial immunity. As defendant points out, in this case a judge issued an order, the order was disobeyed, and the disobeying parties were held in contempt. Forrester did not overrule the doctrine that hearing cases and entering orders are judicial functions to which absolute immunity attaches. Forrester v. White, 484 U.S. at ___, 108 S.Ct. at 544, 98 L.Ed.2d at 565.

There is an additional reason, not raised by defendant, for applying absolute immunity. It appears that Holmes was conducting a study of case management in the Second District. This court is well aware that the management of case movement often has important consequences on the decision-making process. Thus, defendant's orders can be viewed as part of a judge's policy-making function.

Finally, it is difficult to characterize defendant's actions as personnel actions. Defendant did not hire, fire, promote or demote Holmes. Rather, he forbade her from performing certain acts.

2. Qualified Immunity.

It is possible to argue that defendant's actions were administrative rather than judicial. One could conceivably claim that defendant's April 23, 1985, order was a de facto demotion of Holmes since he forbade her from carrying out certain duties. If this argument were accepted, this would be the same case as Forrester. To hold that the difference between absolute and qualified immunity rests upon whether the judge's decision is entered on a piece of paper entitled "order," violates the teaching of Forrester that immunity attaches to functions rather than persons. While the court has difficulty accepting plaintiffs' view that defendant made a personnel decision in the guise of a court order, it cannot rule out this argument.

Even accepting plaintiffs' argument, the fact that defendant's actions were in the form of court orders is not entirely irrelevant. As the Court noted in Scheuer, the precise scope of qualified immunity must take into account the functions and responsibilities of the officials involved. Scheuer v. Rhodes, 416 U.S. at 243, 94 S.Ct. at 1689-90. In this case, the Ninth Circuit pointed out that administrative functions of a court are often "essential to the functioning of the court." Crooks v. Maynard, 820 F.2d at 332. Also, obedience to court orders is crucial to smooth functioning of the courts. This is the teaching of ...