In re Weick

• Decision Date: 30 December 2005
• Docket Number: No. 30988.,30988.
• Citation: 142 Idaho 275,127 P.3d 178
• Parties: In the Matter of the John WEICK, Contempt Appeal. Rocky Watson and Mary Watson, husband and wife, Plaintiffs, v. John Weick and Julie Weick, husband and wife, Defendants, John Weick, Defendant-Appellant, v. Honorable John T. Mitchell, District Judge, First Judicial District, State of Idaho, Respondent.
• Court: Idaho Supreme Court

127 P.3d 178

142 Idaho 275

In the Matter of the John WEICK, Contempt Appeal.

Rocky Watson and Mary Watson, husband and wife, Plaintiffs, v. John Weick and Julie Weick, husband and wife, Defendants, John Weick, Defendant-Appellant, v. Honorable John T. Mitchell, District Judge, First Judicial District, State of Idaho, Respondent.

No. 30988.

Supreme Court of Idaho, Coeur d'Alene, October 2005.

December 30, 2005.

COPYRIGHT MATERIAL OMITTED

Stephen Brian McCrea; Ramsden & Lyons, Coeur d'Alene, for appellants. Michael E. Ramsden argued.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Roger L. Gable, Deputy Attorney General argued.

BURDICK, Justice.

This case arises out of the failure of Appellant John Weick (Weick) to comply with Respondent Judge John T. Mitchell's (Judge Mitchell) order to appear at a debtor's exam. Respondent subsequently found Appellant in contempt and sentenced him to five days in jail. The case comes to this Court on appeal from Judge Mitchell ordering Weick to five days in jail. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2002, Rocky and Mary Watson (collectively the Watsons) filed a complaint against John and Julie Weick (collectively the Weicks) seeking to recover on a promissory note used to pay for a portion of the sale of a business. The Weicks filed a counterclaim. The Watsons moved for summary judgment, and Judge Mitchell entered summary judgment in their favor and awarded them a judgment of over $200,000.¹

Following the entry of this judgment, the Watsons began collection on the judgment. They moved for an order for examination of Weick, which Judge Mitchell granted on May 10, 2004 (the first order). The Watsons and Weick stipulated to the entry of the first order.

This order required Weick to appear for examination on May 13, 2004 (the May 13 debtor's exam). The evening prior to the scheduled debtor's exam, Weick informed his counsel that he would attend the following day. However, on the morning of May 13, 2004, Weick was suffering from "severe intestinal distress" and informed his counsel that he would not be able to attend the debtor's exam. Weick's counsel informed the Watsons' counsel of this development. That same day, the Watsons filed a Motion for Order Finding John Weick in Contempt, a Motion to Shorten Time, a Notice of Hearing, and supporting memorandum. The following day Weick filed an affidavit, stating that he failed to attend the debtor's exam due to his illness and stating that his failure to attend was not "intentionally done to delay or cause any problems."

On May 18, 2004 Judge Mitchell heard the Watsons' motion and entered a Second order Compelling Debtor's Examination of Defendant John Weick (second order or amended order). This debtor's exam was scheduled for May 26, 2004 (the May 26 debtor's exam), and Weick attended this exam. On July 7, 2004, the Watsons filed a Second Motion for Order Finding John Weick in Contempt for violating the first order. At the hearing on that motion Judge Mitchell determined that the alleged contempt was indirect contempt. Judge Mitchell informed Weick that he had certain rights, and Weick signed a statement of rights. Since he lacked personal knowledge of the alleged contempt, Judge Mitchell issued an Order to Show Why John Weick Should Not Be Held in Contempt following the hearing.

At the hearing on this order to show cause, Weick denied the allegations, but neither he nor the Watsons presented any evidence. Rather they made arguments based on the record before Judge Mitchell. Following the hearing, Judge Mitchell issued an order finding Weick in contempt based on his failure to appear for the May 13 debtor's exam and ordered him to five days in jail. Weick was immediately taken into custody, and Judge Mitchell issued an order to transport Weick to jail. That same day, Weick was released pursuant to a Writ of Habeas Corpus signed by the Honorable Fred Gibler. The day after the hearing, Weick filed a notice of appeal, and two days later Judge Mitchell issued a Memorandum Decision and Order Finding John Weick in Contempt (the written decision). Subsequently, the Honorable Fred Gibler quashed the Writ of Habeas Corpus, and Weick filed a Motion to Stay enforcement of the order finding him in contempt. Judge Mitchell denied this motion. Weick then filed an ex parte motion for a temporary stay with this Court, and later he filed a Motion for Stay. This Court denied both motions. However, the parties stipulate that Weick has not served his sentence.

II. ISSUES ON APPEAL

1. Did the issuance of a second order compelling a second debtor's exam excuse Weick's non-compliance with the first order?

2. Was there substantial evidence to support Judge Mitchell's finding that Weick had willfully violated a court order by failing to appear at the May 13 debtor's exam?

3. Did Judge Mitchell abuse his discretion by sentencing Weick to five days in jail for contempt?

III. STANDARD OF REVIEW

The sanction or penalty imposed under a contempt order is reviewed under an abuse of discretion standard. Smith v. Smith, 136 Idaho 120, 124, 29 P.3d 956, 960 (Ct.App.2001). The determination of whether a sanction or penalty should be imposed is within the discretion of the trial court. Id. This Court does not weight the evidence, but rather reviews the district court's findings to determine if they are supported by substantial and competent evidence. Butler v. Goff, 130 Idaho 905, 907 950 P.2d 1244, 1246 (1997). Evidence is regarded as substantial if a reasonable trier of fact would accept it and rely upon it in determining whether a disputed point of fact has been proven. Camp v. E. Fork Ditch Co., 137 Idaho 850, 856, 55 P.3d 304, 310 (2002). When the trial court exercises its discretion, this Court will not interfere unless the lower court clearly abused its discretion. Smith, 136 Idaho at 124, 29 P.3d at 960.

IV. ANALYSIS

A. The issuance of a second order compelling a second debtor's exam did not excuse Weick's non-compliance with the first order.

Weick argues that the issuance of the "amended order" excuses his non-compliance with the first order. Weick stresses that the plain meaning of the word "amend" — to improve, correct or revise — signifies that Judge Mitchell changed and modified the first order. Therefore, he continues, "[b]ecause the amended order changed or modified the original order and [Weick] complied with that order, [he] can not now be held in contempt of an order that was amended by [Judge Mitchell]."

The second order did not excuse Weick's non-compliance with the first order. Idaho courts have the constitutional, statutory and inherent authority to compel obedience with their lawful orders. Marks v. Vehlow, 105 Idaho 560, 566, 671 P.2d 473, 479 (1983). "Violations of an order are punishable as criminal contempt even though the order is set aside on appeal or though the basic action has become moot." United States v. United Mine Workers of America, 330 U.S. 258, 295, 67 S.Ct. 677, 91 L.Ed. 884 (1947) (internal citation omitted). Even after the underlying action is no longer pending, a court may consider criminal contempt as a collateral issue. Inland Group of Cos., Inc. v. Obendorff, 131 Idaho 473, 475, 959 P.2d 454, 456 (1998). When a court has jurisdiction over the suit and the parties before it, its orders are to be obeyed until they are set aside by appropriate proceedings. United Mine Workers, 330 U.S. at 294, 67 S.Ct. at 696, 91 L.Ed. at 913; see In re Reeves, 112 Idaho 574, 579, 733 P.2d 795, 800 (Ct.App.1987) (quoting Maness v. Meyers, 419 U.S. 449, 458-60, 95 S.Ct. 584, 590-92, 42 L.Ed.2d 574, 582-84 (1975)). A conviction for criminal contempt that is entered before an order is set aside may stand. United Mine Workers, 330 U.S. at 294, 67 S.Ct. at 696, 91 L.Ed. at 913. If a party does not obey a court order requiring a certain act, and no longer has the present ability to comply with that order, then only criminal contempt sanctions are available. Camp, 137 Idaho at 865, 55 P.3d at 319. A party may not knowingly violate a court order because he believes it to be incorrect. In re Reeves, 112 Idaho at 579, 733 P.2d at 800.

Weick's argument suffers two fatal flaws: it seeks to elevate form over substance, and it ignores the basic policy rationale underlying a court's contempt power. First, Weick's "plain meaning" argument impermissibly elevates form over substance, and this Court will not exalt form over substance. See, e.g., Bone v. City of Lewiston, 107 Idaho 844, 849, 693 P.2d 1046, 1052 (1984). Weick's argument hinges on the fact that the second order is titled an "amended order." Had the second order been styled a "second order," "subsequent order," "another order," or simply "order," Weick's plain meaning argument would fail. Moreover, Weick impermissibly seeks to benefit from his own misdeed. His argument ignores the fact that Weick's non-compliance with the first order necessitated the second order. Once May 13 had passed, the first order expired; Weick could not be compelled to attend another debtor's exam without Judge Mitchell issuing another order. Substantively and procedurally, the title of the second order has no importance. Judge Mitchell issued two orders compelling Weick to attend a debtor's exam, each with a different date. Once Weick had failed to comply with the first order by missing the May 13 debtor's exam, he was liable for the consequences of his actions — criminal contempt — regardless of the title of the second order. See United Mine Workers, 330 U.S. at 294, 67 S.Ct. at 696, 91 L.Ed. at 913; Maness, 419 U.S. at 458-60, 95 S.Ct. at 590-92, 42 L.Ed.2d at 582-84; In re Reeves, 112 Idaho at 579, 733 P.2d at 800.

Second, public policy dictates that a party must obey an express order of the court. Courts have the contempt power in order to preserve their effectiveness and sustain their inherent and statutory power. Marks, 105 Idaho at 566, 671 P.2d at 479; In re...