EX PARTE ALABAMA BD. OF PARDONS AND PAROLES
Decision Date | 15 November 2002 |
Citation | 849 So.2d 255 |
Parties | Ex parte ALABAMA BOARD OF PARDONS AND PAROLES. (In re Richard E. Henley v. State of Alabama Board of Pardons and Paroles). |
Court | Alabama Court of Criminal Appeals |
Gregory O. Griffin, Sr., chief counsel; Francis A. Long, Sr., asst. atty. gen.; Steven M. Sirmon, asst. atty. gen.; and Hugh Davis, deputy atty. gen., Alabama Board of Pardons and Paroles, for petitioner.
Richard Henley, pro se.
The Alabama Board of Pardons and Paroles (hereinafter referred to as "the Board") filed this petition for a writ of prohibition or mandamus directing Judge Sally Greenhaw to vacate her July 24, 2002, order directing the Board to hold a new parole hearing for Richard Henley. In June 2001, Henley filed a petition for a writ of certiorari in the Circuit Court of Montgomery County. He argued that the Board had arbitrarily and capriciously denied him parole on eight prior occasions and that he was entitled to a statement of the reasons it continued to deny him parole.1 The Board responded by asserting that its files are confidential and privileged, except for the Board's order denying parole—a copy of which Henley had been given. It further argued that Henley had no liberty interest in parole; therefore, he was not entitled to any due-process protections. Judge Greenhaw directed the Board to file documentary evidence in support of its actions. The Board filed a motion asking Judge Greenhaw to reconsider her ruling. On July 24, 2002, Judge Greenhaw entered an order denying that motion and directing the Board to hold a new parole hearing for Henley within 30 days. The Board then moved for Judge Greenhaw to rescind her order and to stay any further action pending review by a higher court. That motion was denied. The Board then filed this petition for a writ of mandamus, or, in the alternative, a writ of prohibition requesting that we stay Judge Greenhaw's July 24, 2002, order. We have stayed the proceedings in the circuit court pending the resolution of this petition.
Before we consider the merits of this petition, we must first determine if this Court is the appropriate court to review Judge Greenhaw's ruling. "[T]o activate this court to superintend a lower court, the petitioner must, inter alia, show that the writ sought is in relation to a matter in which this court has appellate jurisdiction." Ex parte Goodman, 43 Ala. App. 183, 184, 185 So.2d 146, 148 (1966). The Court of Civil Appeals has jurisdiction of all appeals from administrative agencies. See § 12-3-10, Ala.Code 1975. However, although the Board is an administrative agency, it is exempt from the Alabama Administrative Procedure Act. See § 41-22-3(3), Ala.Code 1975. Review of proceedings from the Board is by a petition for a common-law writ of certiorari filed in the Circuit Court of Montgomery County. See Gholston v. Board of Pardons & Paroles, 627 So.2d 945 (Ala.Civ.App.1993). The Court of Criminal Appeals has jurisdiction of an appeal from the denial of a writ of a certiorari attacking the Board's denial or revocation of parole. We consider such writs to be "postconviction writs" that, according to § 12-3-9, are within the jurisdiction of the Court of Criminal Appeals. Ellard v. State, 474 So.2d 743 (Ala. Crim.App.1984), aff'd, 474 So.2d 758 (Ala. 1985). Because this Court has subject-matter jurisdiction of an appeal from the Board's denial of parole, this petition is correctly before this Court.
Having determined that this is the appropriate court to consider this petition for an extraordinary writ, we must next determine whether a petition for a writ of mandamus or a petition for a writ of prohibition is the appropriate vehicle by which to review Judge Greenhaw's actions. A petition for a writ of mandamus is appropriate when a lower court has failed to act. See Ex parte Jackson, 780 So.2d 681 (Ala.2000). A petition for a writ of prohibition is appropriate "`when a court acts in excess of its jurisdiction; Ex parte City of Tuskegee, 447 So.2d 713, 716 (Ala.1984), and because it is `the proper remedy to intercept and put an end to a usurpation of jurisdiction.'" Ex parte Coffee County Dep't of Human Res., 771 So.2d 485, 487 (Ala.Civ.App.2000), quoting, Ex parte State ex rel. Bragg, 240 Ala. 80, 85, 197 So. 32, 36 (1940). As the Alabama Supreme Court stated in Ex parte Maye, 799 So.2d 944 (Ala.2001):
"` ' "
799 So.2d at 947, quoting Ex parte Moody, 681 So.2d 276, 276-77 (Ala.Crim.App.1996), quoting in turn Ex parte Shoemaker, 644 So.2d 958, 959 (Ala.Civ.App.1993), rev'd on other grounds, 644 So.2d 961 (Ala.), on remand, 644 So.2d 966 (Ala.Civ.App.1994). Because the Board alleges that Judge Greenhaw exceeded her jurisdiction by issuing her July 24, 2002, order, we have treated this petition as a petition for a writ of prohibition.
In its brief in support of the issuance of this writ, the Board argues that Judge Greenhaw's review of its decision to deny parole, by way of common-law writ of certiorari, is very narrow in scope—a scope, it argues, that Judge Greenhaw exceeded. It further argues that Judge Greenhaw exceeded her authority by ordering the Board to hold a new parole hearing and file a response within 30 days—doing so would force the Board to violate § 15-22-36(d), Ala.Code 1975.2 It also argues that, according to statutory law, its records are confidential and privileged and that the Board has no obligation to detail the reasons for its actions unless it grants parole. See § 15-22-36(b), Ala.Code 1975.3
Judge Greenhaw has responded by stating that she cannot determine whether the Board's ruling was arbitrary or capricious without additional information.4 Judge Greenhaw stated the following in her first order directing the Board to furnish documents:
(Judge Greenhaw's July 17, 2002, order.) Judge Greenhaw's final order stated:
(Judge Greenhaw's July 24, 2002, order.)
Review of the Board's actions by writ of certiorari is more narrow than review by appeal. The appellate courts of this state have often characterized certiorari review as "limited in scope, and ordinarily the courts will only pass on the question of whether the administrative agency has acted within its constitutional or statutory powers, whether its order or determination is supported by substantial evidence, and whether its action is reasonable and not arbitrary." Ellard v. State, 474 So.2d 743, 750 (Ala.Crim.App.1984), aff'd, 474 So.2d 758 (Ala.1985). See also Johnson v. State, 729 So.2d 897 (Ala.Crim. App.1997); City of Birmingham v. Personnel Bd. of Jefferson County, 467 So.2d 965 (Ala.Civ.App.1985); Ferrell v. Langley, 421 So.2d 116 (Ala.Civ.App.1982). As stated in City of Birmingham:
Section 15-22-26, Ala.Code 1975, contains the standards the Board must apply when considering whether an inmate should be considered for parole. This section states:
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