Lake v. Speziale

• Decision Date: 22 February 1984
• Docket Number: Civ. A. No. N-83-346 (TFGD).
• Citation: 580 F. Supp. 1318
• Parties: Michael LAKE, individually and on behalf of all persons similarly situated, Plaintiff, v. John SPEZIALE, in his official capacity of Chief Justice of the Connecticut Supreme Court, and on behalf of all Superior Court Judges of the State of Connecticut, and Maurice Sponzo, in his official capacity as Chief Court Administrator of the State of Connecticut, and on behalf of all Superior Court Judges of the State of Connecticut, Defendants.
• Court: U.S. District Court — District of Connecticut

580 F. Supp. 1318

Michael LAKE, individually and on behalf of all persons similarly situated, Plaintiff, v. John SPEZIALE, in his official capacity of Chief Justice of the Connecticut Supreme Court, and on behalf of all Superior Court Judges of the State of Connecticut, and Maurice Sponzo, in his official capacity as Chief Court Administrator of the State of Connecticut, and on behalf of all Superior Court Judges of the State of Connecticut, Defendants.

Civ. A. No. N-83-346 (TFGD).

United States District Court, D. Connecticut.

February 22, 1984.

COPYRIGHT MATERIAL OMITTED

Michael O. Sheehan, New Haven Legal Assistance Assoc., Inc., New Haven, Conn., Patricia Kaplan, Valley Legal Assistance, Derby, Conn., for plaintiff.

Joseph X. Dumond, Jr., Stephen J. McGovern, Asst. Attys. Gen., Hartford, Conn., for defendants.

RULING ON MOTION FOR PRELIMINARY INJUNCTION

DALY, Chief Judge.

Plaintiff, Michael Lake, brings this action as an individual plaintiff and also as a putative class representative seeking declaratory and injunctive relief against the Superior Court Judges of the State of Connecticut. Plaintiff raises his claims pursuant to 42 U.S.C. § 1983. The Court has jurisdiction under 28 U.S.C. § 1331 and 28 U.S.C. § 1343(3) & (4). Plaintiff seeks to certify a class, Rule 23, Fed.R.Civ.P., consisting of persons who are or will be under a support order existing for the benefit of the State of Connecticut, who also are or will be in arrears under such a support order and therefore face or may face the threat of incarceration in civil contempt proceedings, and who are indigent and unable to procure counsel to represent them at these proceedings. The relief that plaintiff seeks, individually and for the putative class, on the motion now before the Court, is a preliminary injunction running against a proposed defendant class of the Superior Court Judges of the State of Connecticut, requiring each and all of them to advise each and all members of the putative plaintiff class of their right to counsel and of their right to appointed counsel if found to be indigent in such civil contempt proceedings. In addition to the motion for a preliminary injunction, the Court will also address plaintiff's motion for class certification and the defendants' motion to dismiss.

Michael Lake alleges in his complaint that the refusal of the Judges of the Superior Court to advise indigent individuals of their rights to counsel in these civil contempt proceedings "was and continues to be in violation of the plaintiff's ... Sixth Amendment right to counsel, incorporated by references in the Fourteenth Amendment," Complaint, ¶ 25. Additionally, the plaintiff alleges that these actions "deprive the plaintiff ... of his liberty without due process of law in violation of the Fourteenth Amendment." Complaint, ¶ 26. Specifically, Michael Lake alleges that he was subjected to a civil contempt proceeding, on or about May 3, 1983, which related to back payment due under a support order for the benefit of the State of Connecticut. The plaintiff was not represented by counsel at the contempt hearing and he alleges that "due to his indigency, he was unable to secure representation by counsel at the contempt proceeding." Complaint, ¶ 13. Plaintiff further alleges that as a result of the contempt proceeding, he was incarcerated for twenty four days. Complaint, ¶ 14. Michael Lake claims that during his contempt proceeding he was not informed of his right to counsel or his right to have appointed counsel if he could not afford counsel. Complaint ¶¶ 15, 16.

As to his present situation, Michael Lake alleges that he is indigent and remains in arrears on the support order existing for the benefit of the State of Connecticut. Plaintiff further alleges that due to his continued indigency and his remaining in arrears on the support order, plaintiff "is under constant threat of incarceration through the aforementioned contempt proceedings administered and enforced by the defendants." Complaint, ¶ 19. The complaint goes on to allege that it is the policy of the defendants to conduct such civil contempt proceedings without notifying the alleged contemnors of the right to counsel, or the right to appointed counsel if indigent, and that incarceration in these situations routinely results. Complaint, ¶¶ 20, 21. Finally, the plaintiff alleges that "the defendants Speziale and Sponzo have failed to alter" the procedure of which the plaintiff complains. Complaint, ¶¶ 22, 23, 24.

This Court held a hearing on the motion for preliminary injunction at which both Michael Lake and Mr. Zuraw, Michael Lake's Family Relations Officer, testified. The uncontested testimony revealed that the State of Connecticut filed an application of contempt against Michael Lake on or about June 24, 1982 for failure to remit payments due under the support order. Michael Lake failed to appear in state court for this contempt hearing and the court issued a capias on or about August 31, 1982. The State Police executed the capias on or about May 3, 1983. Michael Lake was then brought to Superior Court in Ansonia to face the civil contempt charge.

When in the courthouse on May 3, 1983, Michael Lake met with his Family Relations Officer, Mr. Zuraw. Both Michael Lake and Mr. Zuraw testified that they then had a discussion concerning how much money Michael Lake could pay that day on the arrearage on the support order. Michael Lake testified that he told Mr. Zuraw that he, Lake, could possibly pay $500.00 that afternoon after making a few phone calls. Mr. Zuraw testified to the same general effect, except that Mr. Zuraw stated that Michael Lake told him that he, Lake, could pay $600.00 rather than $500.00 by that afternoon.

After this discussion, Mr. Zuraw went into Judge Gaffney's chambers and discussed Michael Lake's case with Judge Gaffney. Mr. Zuraw testified that he informed Judge Gaffney that Michael Lake could pay $600.00 by three o'clock that afternoon. After further discussion with Judge Gaffney, Mr. Zuraw returned to Michael Lake to discuss again the situation. Mr. Zuraw testified that he then informed Michael Lake that Judge Gaffney would require Lake to pay $800.00 by three o'clock that afternoon to avoid being incarcerated on contempt. Mr. Zuraw testified that Michael Lake responded that he, Lake, could make this $800.00 payment by the appointed hour after making some phone calls.

Michael Lake was then presented to the court before Judge Gaffney. Mr. Zuraw testified that Judge Gaffney instructed Michael Lake that he would be required to pay $800.00 on the arrearage by three p.m. that day or face incarceration for contempt. Mr. Zuraw further testified that Michael Lake represented to the court that he could make the payment by the designated time, and that Judge Gaffney then ordered that Michael Lake make such a payment with the understanding that Lake be incarcerated until such time as he purged himself of the contempt. Mr. Zuraw stated while testifying that he was certain that Lake knew that incarceration would result if the payment was not made.

Michael Lake testified that he was indigent at the time of the contempt hearing before Judge Gaffney but that he told the court he could probably make the $800.00 payment after making a few phone calls. Michael Lake further testified that in his discussion with Mr. Zuraw, he, Lake, informed Mr. Zuraw that he was unemployed and was not collecting unemployment. Michael Lake's testimony was that he was laid-off from a job at a company called "Wiffle Ball" in November of 1982, but that he did receive unemployment compensation of $198.00 every two weeks until approximately April of 1983. In contrast, Mr. Zuraw testified that Michael Lake told him that he, Lake, had a part-time job at a restaurant called "Marino's." Mr. Zuraw further testified that at the contempt proceeding he informed the court that Mr. Lake was working part-time at Marino's and that Michael Lake did not contradict this assertion when Mr. Zuraw so informed the Judge during the contempt proceeding. Neither Mr. Zuraw nor Michael Lake contend that Judge Gaffney informed Lake of a right to counsel in the contempt proceeding, or of a right to appointed counsel if he could not afford counsel.

Subsequent to the hearing, the defendant submitted to the Court the transcript of the May 3, 1983 contempt proceedings in state court. Considering the brevity of the contempt proceeding, the Court sets forth the transcript in its entirety:

MR. ZURAW: Mr. Lake was picked up on a capias and is being presented for failure to appear in court on August 26, 1982. He was ordered to pay $15 a week on current support and $5 a week on arrearage on April 30, 1981. And, currently his total arrears are $5,471.84. He's in default of his payments in the amount of $1,401.82 to today.

I've spoken with Mr. Lake and he has indicated a possibility of being able to get $800 before 3:00 o'clock this afternoon. We would be agreeable to that.

THE COURT: $1,400 in default.

MR. ZURAW: Yes, your Honor.

THE COURT: And, nonappearance in August of last year. Are you going to be able to come up with that amount of money. (sic)

MR. LAKE: I'm going to try, sir. I've got to make phone calls. I'll try to get it by 3:00 o'clock.

THE COURT: All right. Do you want me to enter an order then?

MR. ZURAW: Yes. I would appreciate it if the Court could make a finding of the arrears at this time to be $5,471.84.

THE COURT: The Court will make a finding that there is an arrearage through May 3, 1983 in the total amount of $5,471.84. And, you want an order then, that requires Mr. Lake to make payments of an amount of $800 by 3:00 o'clock.

That order will enter, Mr. Lake. You are ordered and hereby ordered to make a payment in that amount in partial satisfaction of the obligation by 3:00 p.m. today. The amount is $800.

MR. ZURAW: The current order will remain in effect.

THE COURT: Current order is the same. Your payment is in

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