Klouda v. Sixth Judicial Dist. Dept.

• Decision Date: 27 February 2002
• Docket Number: No. 99-1560.,99-1560.
• Citation: 642 N.W.2d 255
• Parties: Mark KLOUDA and Michael Wayne Mayberry, Appellants, v. SIXTH JUDICIAL DISTRICT DEPARTMENT OF CORRECTIONAL SERVICES and Iowa Board of Parole, Appellees.
• Court: Iowa Supreme Court

642 N.W.2d 255

Mark KLOUDA and Michael Wayne Mayberry, Appellants, v. SIXTH JUDICIAL DISTRICT DEPARTMENT OF CORRECTIONAL SERVICES and Iowa Board of Parole, Appellees.

No. 99-1560.

Supreme Court of Iowa.

February 27, 2002.

Linda Del Gallo, State Appellate Defender and David Arthur Adams and John P. Messina, Assistant State Appellate Defenders, for appellants.

Thomas J. Miller, Attorney General and Jeffrey D. Farrell, Assistant Attorney General, for appellees.

LAVORATO, Chief Justice.

Mark Klouda and Michael Mayberry, the plaintiffs in this case, appeal from the district court's denial of declaratory and injunctive relief. They argue that Iowa Code sections 907.8A and 908.11 (1999) violate the separation-of-powers doctrine of the Iowa Constitution. The challenged statutes create a pilot project in the sixth judicial district. They transfer jurisdiction over probation revocation cases from judges to administrative law judges employed by the Iowa Board of Parole. Because we agree the statutes violate the separation-of-powers doctrine, we reverse and remand for further proceedings.

I. Statutory Scheme.

The plaintiffs challenge the constitutionality of Iowa Code sections 907.8A and 908.11 (Supp.1997), as amended by 1998 Iowa Acts chapter 1197, sections 1-3 (effective May 18, 1998) (codified at Iowa Code §§ 907.8A and 908.11 (1999)). They contend these provisions violate the separation-of-powers clause of article III, section 1 of the Iowa Constitution. The challenged statutes create a pilot project in the sixth judicial district whereby judges in that district transfer jurisdiction over probation revocation cases to an administrative parole and probation judge (ALJ). The transfer is made "upon entry of the sentencing order for each person who is sentenced to the custody of the director of the department of corrections and whose sentence is suspended." Iowa Code § 907.8A(1).

The district court retains jurisdiction over restitution, reconsideration of the original sentence, arrest warrants, initial appearances, preliminary probation violation informations, bond proceedings, and appointment of counsel. Iowa Code § 907.8A(1). The court also retains jurisdiction over matters relating to cases in which the person is not sentenced to the custody of the director of the department of corrections. Id.

The ALJ determines "[a]ll issues relating to whether the probationer has violated or fulfilled the terms and conditions of probation, including but not limited to express violations of a specific term of probation, new violations of the law, and changes of the terms of probation...." Iowa Code § 907.8A(2). The ALJ is to conduct probation hearings "in the same manner as hearings regarding revocations or modifications of or discharge from parole." Id.

Section 908.11 provides procedures for ALJs, magistrates, and judges to follow in probation revocation cases. For example, the provision permits the ALJ to perform the functions of the liaison officer and the board of parole if the alleged probation violator was sentenced and placed on probation in the sixth judicial district. Iowa Code § 908.11(4). The ALJ may conduct the probable cause and probation revocation hearings, and may reconsider a person's sentence "if reconsideration is deemed appropriate and the person's probation was revoked by an [ALJ] in the sixth judicial district." Iowa Code § 908.11(5).

If a violation is established, the ALJ may (1) continue the probation with or without altering the conditions of probation, (2) sentence the defendant to a jail term while continuing the probation, (3) order the defendant to be placed in a violator facility while continuing probation, or (4) revoke the probation and require the defendant to serve the sentence imposed or any lesser sentence. Iowa Code § 908.11(6).

The ALJ's order becomes a final decision, unless the defendant appeals the decision to the board of parole within the time provided in rules adopted by the board. Id. The appeal is to be conducted pursuant to rules adopted by the board. Id. The record made at the hearing before the ALJ becomes the record on appeal. Id. The provisions of Iowa Code chapter 17A (Iowa Administrative Procedure Act) apply to the hearing before the ALJ and to the appeal. See Iowa Code § 908.11(6) (appeal from ALJ's decision "shall be conducted pursuant to rules adopted by the board"); Iowa Admin. Code r. 205—15.1 et seq. (Appeal of Decisions) ("These rules are intended to implement Iowa Code chapter 17A ..."); see also Frazee v. Iowa Bd. of Parole, 248 N.W.2d 80, 82-83 (Iowa 1976)

(holding that the provisions of chapter 17A apply to parole revocation proceedings).

II. Probation Revocation Proceedings Regarding Mayberry.

In September 1998, the district court in Johnson County sentenced Mayberry to an indeterminate ten-year term on a felony charge of prohibited acts. The court suspended the sentence and placed Mayberry on three years' probation on condition that he reside at a halfway house for a period of time not to exceed one year.

On October 14, 1998, a probation violation report and an application for revocation of probation were filed in Johnson County district court. The next day, the district court entered an order setting the probable cause and final hearing before an ALJ. The court did this pursuant to section 907.8A.

At the probation revocation hearing on December 16, 1998, Mayberry raised the separation-of-powers issue. The ALJ found that Mayberry had violated two rules of his probation agreement. The ALJ ordered that Mayberry reside in a halfway house and that he have an evaluation for psychiatric treatment and substance abuse. Mayberry appealed, and on February 4, 1999, the Board of Parole affirmed the ALJ's findings of fact but remanded the case for an additional hearing.

Before the Board rendered its appeal decision, a second report of violation was filed in January 1999. On February 24, 1999, the ALJ held a consolidated hearing on the remand of the first application and the second application to revoke probation. In addressing the remand of the December 1998 decision, the ALJ ordered Mayberry to complete a competency evaluation at the Forensic Unit at the Iowa Men's Classification Center at Oakdale. At the time of trial on Mayberry's declaratory judgment action—the case at issue here— the ALJ had continued his probation violation case pending the results of the competency evaluation.

III. Probation Revocation Proceedings Regarding Klouda.

In January 1999, the district court in Linn County sentenced Klouda to an indeterminate term of five years on a felony charge of third-degree burglary, suspended his sentence, and placed him on probation under terms including residency in a halfway house. In February 1999, probation revocation proceedings were initiated. The district court transferred jurisdiction of the proceedings to an ALJ.

The ALJ found that Klouda had violated the terms of his probation. The ALJ originally ordered Klouda to attend a violator's program for sixty days. However, the ALJ revised his order, revoked probation, and sentenced Klouda to the term originally imposed when Klouda refused to participate in the violator's program.

IV. The Declaratory Judgment Actions.

On October 29, 1998, Mayberry filed a petition for declaratory judgment in Johnson County, naming as defendants the Sixth Judicial District Department of Correctional Services and the Iowa Board of Parole. He alleged that sections 907.8A and 908.11 violated the separation-of-powers clause of the Iowa Constitution, as well as several other Iowa constitutional provisions not relevant here. He asked that the statutes be declared unconstitutional and that the court issue a temporary and permanent injunction against enforcement of those provisions against him and those similarly situated.

On November 17, 1998, the defendants filed a motion to dismiss, alleging the district court did not have jurisdiction to consider the action because Mayberry had not exhausted his administrative remedies as required by the Iowa Administrative Procedure Act. Later, the district court denied the request for a temporary injunction and overruled the motion to dismiss. The defendants did not appeal from the ruling on the motion to dismiss.

On April 29, 1999, Klouda filed a petition for declaratory judgment in Linn County, naming the Sixth Judicial District Department of Correctional Services and the Iowa Board of Parole as defendants. Like Mayberry, Klouda alleged that the statutes in question violated the separation-of-powers clause under the Iowa Constitution, as well as several other Iowa constitutional provisions not relevant here. And like Mayberry, Klouda requested a temporary and permanent injunction. The court denied Klouda's request for a temporary injunction on June 2, 1999. In the same ruling, the court consolidated Klouda's and Mayberry's petitions upon the defendants' motion.

By agreement of the parties, the district court heard the consolidated petitions for declaratory judgment in Johnson County. Following the trial, the district court rejected all of the various constitutional challenges to sections 907.8A and 908.11.

Mayberry and Klouda appealed, raising only the separation-of-powers issue. We questioned whether we had jurisdiction to hear this appeal and directed the parties to file statements regarding this issue. Following receipt of those statements, we are convinced we have jurisdiction. See Keokuk County v. H.B., 593 N.W.2d 118, 122 (Iowa 1999)

(holding that exhaustion of administrative remedies is not a subject matter jurisdiction issue; rather, it is an authority to hear the case issue, which can be waived).

V. Scope of Review.

We review constitutional issues de novo. State v. Simpson, 587 N.W.2d 770, 771 (Iowa 1998). Because statutes are cloaked with a strong presumption of constitutionality, a party challenging a statute carries a heavy burden of rebutting this...