Hernandez v. Board of County Com'Rs

• Decision Date: 15 July 2008
• Docket Number: No. OP-07-0745.,OP-07-0745.
• Parties: Pedro HERNANDEZ, Justice of the Peace, Department #2, Yellowstone County, Montana, Applicant, v. BOARD OF COUNTY COMMISSIONERS, Yellowstone County, Respondent, and State of Montana, Intervenor and Respondent.
• Court: Montana Supreme Court

189 P.3d 638

2008 MT 251

345 Mont. 1

Pedro HERNANDEZ, Justice of the Peace, Department #2, Yellowstone County, Montana, Applicant, v. BOARD OF COUNTY COMMISSIONERS, Yellowstone County, Respondent, and State of Montana, Intervenor and Respondent.

No. OP-07-0745.

Supreme Court of Montana.

July 15, 2008.

OPINION AND ORDER

¶ 1 On December 19, 2007, Yellowstone County Justice of the Peace Pedro Hernandez ("Petitioner") filed with this Court an "Original Writ — Petition for Declaratory Judgment" wherein he challenged the constitutionality of § 3-10-101(5), MCA, providing for the creation of justice's courts of record within Montana counties. After receiving summary responses from the Yellowstone County Board of County Commissioners and the State of Montana, this Court ordered full briefing on three of Petitioner's claims and summarily dismissed Petitioner's remaining claims. The parties duly submitted their briefs in accordance with our Order and, after reviewing those briefs, we deny the petition for declaratory judgment.

Factual and Procedural Background

¶ 2 In 2003, the Montana Legislature passed legislation authorizing Montana counties to establish justice courts as justice's courts of record. See Sec. 5, Ch. 389, L.2003 (House Bill No. 358 ("HB 358")). This legislation was designed to reduce the strain of multiple trials and to increase judicial efficiency. The sponsor of HB 358, Representative Michael Lange, testified before the House Committee on the Judiciary that creating justice's courts of record would allow counties "to streamline cases, eliminate the number of appeals, and provide speedy trials." Statement of Rep. Lange, Hearing on HB 358, House Committee on the Judiciary (January 28, 2003). HB 358 was codified at § 3-10-101(5), MCA. After some minor changes in the language of § 3-10-101(5), MCA, in 2005, this statute now provides:

A county may establish the justice's court as a court of record. If the justice's court is established as a court of record, it must be known as a "justice's court of record" and, in addition to the provisions of this chapter, is also subject to the provisions of 3-10-115 and 3-10-116. The court's proceedings must be recorded by electronic recording or stenographic transcription and all papers filed in a proceeding must be included in the record. A justice's court of record may be established by a resolution of the county commissioners or pursuant to 7-5-131 through 7-5-137.

¶ 3 In accordance with § 3-10-101(5), MCA, the Yellowstone County Board of County Commissioners passed Resolution No. 07-90 on October 2, 2007, making the Yellowstone County Justice Court a court of record effective January 1, 2008. Resolution No. 07-90 provided in pertinent part:

It is in the best interest of the public to make Justice Court a court of record. It will serve judicial economy. A defendant will be entitled to only one trial in Justice Court and an appeal on the record in District Court. It will eliminate de novo appeals to District Court.

¶ 4 Petitioner filed his petition for declaratory judgment with this Court on December 19, 2007. He argued in his petition that the creation of a justice's court of record in Yellowstone County is contrary to Article VII, Section 1 of the Montana Constitution, which vests judicial power in "one supreme court, district courts, justice courts, and such other courts as may be provided by law"; Article VII, Section 2(3) of the Montana Constitution, which vests the power to make rules governing practice and procedure for all other courts in the Montana Supreme Court; and Article VII, Section 4(2) of the Montana Constitution, which provides that "[t]he district court shall hear appeals from inferior courts as trials anew unless otherwise provided by law." Petitioner also argued that § 3-10-101(5), MCA, violates the following provisions of the Montana Constitution: Article II, Section 2 (right of self-government); Article II, Section 8 (right of participation); Article II, Section 17 (right to due process of law); Article III, Section 1 (separation of powers); Article XIV, Section 8 (amendment by legislative referendum); and Article XIV, Section 9 (amendment by initiative). In addition, Petitioner contended that he is entitled to recover his costs and attorney fees in this matter pursuant to the "private attorney general" theory and § 27-8-313, MCA.

¶ 5 On January 10, 2008, the State of Montana, through the Office of the Montana Attorney General, moved to intervene in this matter pursuant to M.R.App. P. 27, providing for intervention by the State in matters involving constitutional questions. The State filed a summary response to the petition on February 7, 2008. That same day, the Office of the Yellowstone County Attorney, on behalf of Yellowstone County and the Yellowstone County Board of County Commissioners (collectively "Yellowstone County"), filed its summary response to the petition.

¶ 6 After reviewing the petition and the summary responses thereto, we concluded that full briefing was appropriate as to the following claims raised in the petition: (1) judicial power under Article VII, Section 1 of the Montana Constitution; (2) district courts' de novo jurisdiction under Article VII, Section 4(2) of the Montana Constitution; and (3) costs and attorney fees. Thus, we ordered the parties to prepare briefs addressing these issues. We urged Yellowstone County and the State to join their arguments to the extent that they agreed with each other or to file a consolidated brief. We also stated in our Order that we were not persuaded by Petitioner's arguments on his claims under the following provisions of the Montana Constitution and we declined to entertain further briefing on these claims: Article VII, Section 2(3), pertaining to Supreme Court rulemaking authority; Article III, Section 1, pertaining to separation of powers; Article II, Section 2, pertaining to the right of self government; Article II, Section 8, pertaining to the right of participation; and Article XIV, Sections 8 and 9, pertaining to amendment of the Constitution by referendum and initiative. We also determined that Petitioner did not have standing to raise a claim under the Due Process Clause of the Montana Constitution (Article II, Section 17) and we declined to entertain further briefing on this claim.

¶ 7 On March 24, 2008, Petitioner filed with this Court his Brief in Support of Petition for Original Writ. Yellowstone County and the State (collectively "Respondents") filed a consolidated brief in response on May 21, 2008, and Petitioner filed his reply brief on May 28, 2008.

Discussion

¶ 8 As a threshold matter, we first determine whether this is an appropriate case for this Court's exercise of original jurisdiction. In their summary responses to the petition, Respondents agreed with Petitioner that this Court should accept original jurisdiction in this case. However, original jurisdiction cannot be bestowed by agreement. Montanans for Coal Trust v. State, 2000 MT 13, ¶ 22, 298 Mont. 69, ¶ 22, 996 P.2d 856, ¶ 22.

¶ 9 Assumption by this Court of original jurisdiction over a declaratory judgment action is proper when: (1) constitutional issues of major statewide importance are involved; (2) the case involves purely legal questions of statutory and constitutional construction; and (3) urgency and emergency factors exist making the normal appeal process inadequate. Montanans for Coal Trust, ¶ 27 (citing Butte-Silver Bow Local Govern. v. State, 235 Mont. 398, 401-02, 768 P.2d 327, 329 (1989); State ex rel. Greely v. Water Court of State, 214 Mont. 143, 691 P.2d 833 (1984)); M.R.App. P. 14(4). All of these criteria are met here.

¶ 10 First, as the parties point out, the issue of whether the creation of justice's courts of record violates certain provisions of the Montana Constitution is of statewide importance. Several counties in Montana have already created justice's courts of record. Thus, a decision on the constitutionality of § 3-10-101(5), MCA, will affect multiple counties, not just Yellowstone County. Second, there are no disputed facts in this case. The issues presented involve purely legal questions of statutory and constitutional construction. Third, urgency and emergency factors exist in this case that would make the normal appeal process inadequate. Before an appeal from a justice court judgment presenting this issue could reach this Court, potentially hundreds of misdemeanor criminal cases would be resolved in the justice's courts of record throughout Montana. If Petitioner's claims were ultimately sustained, any judgments of conviction would be undermined and the prosecutions likely lost due to the running of the statute of limitations in those cases. Hence, to require an action be brought in a county that has created a justice's court of record would needlessly spawn litigation and any further delay could create confusion as to the administration of justice.

¶ 11 Accordingly, we hold that this Court does have original jurisdiction to entertain Petitioner's "Original Writ — Petition for Declaratory Judgment." Therefore, we address the following claims raised by Petitioner: (1) whether the creation of justice's courts of record violates Article VII, Section 1 of the Montana Constitution; (2) whether the creation of justice's courts of record violates Article VII, Section 4(2) of the Montana Constitution; and (3) whether Petitioner is entitled to his costs and attorney fees for bringing this action.

1. Article VII, Section 1 — judicial power

¶ 12 Article VII, Section 1 of the Montana Constitution provides: "The judicial power of the state is vested in one supreme court, district courts, justice courts, and such other courts as may be provided by law."

¶ 13 Petitioner argues that § 3-10-101(5), MCA, violates Article VII, Section 1, because justice courts are a specifically-designated constitutional court and, as such, they are entitled to constitutional...