Maines v. Secretary of State

• Decision Date: 07 June 1985
• Parties: William R. MAINES, et al. v. SECRETARY OF STATE.
• Court: Maine Supreme Court

Page 326

493 A.2d 326

William R. MAINES, et al. v. SECRETARY OF STATE.

Supreme Judicial Court of Maine.

Argued June 7, 1984.

Decided May 17, 1985.

As Modified June 7, 1985.

Greenberg & Greenberg, Stanley Greenberg (orally), Rita M. Farry (orally), Portland, for plaintiff.

Susan P. Herman, Asst. Atty. Gen. (orally), Rufus E. Brown, Deputy Atty. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.

ROBERTS, Justice.

William Maines and Peter Guthrie appeal from the Superior Court's denial of their motion for class certification and entry of summary judgment on the ground of res judicata in favor of the defendant Secretary of State ("the State"). The plaintiffs' drivers' licenses were suspended by the State as of August 12 and August 30, 1983, respectively, for violation of 29 M.R.S.A. § 2241-G(2)(B) (Supp.1984), promulgated as part of an act to deter teenage drinking and driving. Neither Guthrie nor Maines requested a post-suspension administrative hearing nor sought direct review in Superior Court pursuant to 29 M.R.S.A. § 2242 (Supp.1984). Instead, on October 6, 1983 they filed this class action in Superior Court asserting the facial unconstitutionality of the act and seeking declaratory and injunctive relief. Because we agree that this action is barred by applicable principles of res judicata, we affirm the summary judgment.

Section 2241-G sanctions operation of a motor vehicle by a person less than 20 years old with .02% or more by weight of alcohol in his blood and provides for suspension of that person's license upon receipt of a law enforcement officer's report of a violation. The statute also provides for a post-suspension hearing if requested in writing within 10 days of receipt of the suspension notification. After such a hearing, a party may appeal to the Superior Court within 30 days pursuant to 29 M.R.S.A. § 2242 (Supp.1984) for review of the administrative decision.

On July 30, 1983, Guthrie was notified by the State that his license would be suspended as of August 12 based on a report that he had operated a motor vehicle on July 19, 1983, with .02% by weight of alcohol in his blood. On August 17, Maines was notified that his license would be suspended as of August 30 for a similar violation allegedly committed on July 29, 1983. Both suspensions were for one year. Both notices informed the recipients of their right to an administrative hearing and of the 10 day deadline for requesting the hearing.

On October 6, 1983, Maines and Guthrie filed this class action complaint, asserting, inter alia, the facial unconstitutionality of the statute. They alleged that the act denied them due process and equal protection of the law and constituted a bill of attainder under the federal and Maine constitutions. In response to the State's motion to dismiss, the Superior Court found the constitutional claim barred by the doctrine of res judicata. The court entered summary judgment for the State. The court also denied the plaintiffs' motion for class certification.

I.

The case at bar involves no factual dispute. The only issue presented is a facial challenge to the constitutionality of the statute. There was no determination, nor could there have been any determination, of a factual issue by the agency that would affect the issue raised in this action. Where the facial constitutionality of the statute underlying the agency action is in issue, there is no need for agency fact finding. Town of Windham v. LaPointe, 308 A.2d 286 (Me.1973). The plaintiffs, relying on Fisher v. Dame, 433 A.2d 366 (Me.1981), argue that their departure from the route of direct judicial review is justified

where claim is made that the ordinance under which the administrative agency purported to act was unconstitutional on its face, a contention which, if established, would render the administrative action beyond lawful authority....

433 A.2d at 374.

The State contends that the instant case is controlled by Small v. Gartley, 363 A.2d 724 (Me.1976), and Piacitelli v. Quinn, 449 A.2d 1126 (Me.1982). In both cases, as in the instant case, administrative adjudication had been commenced against the plaintiffs, and in both of those cases we held that the plaintiffs could not ignore the statutorily imposed appeal procedures even though their collateral challenges raised the constitutionality of the operative statute. In Small the plaintiff's driver's license was suspended as the result of three OUI convictions. He brought an action challenging the constitutionality of the statute authorizing suspension long after the time limitation for direct administrative and judicial review of the suspension had run. We said:

[I]f a public agency exceeds its statutory powers or, even in matters over which it has jurisdiction, proceeds in a manner unauthorized by law, its orders, decrees and judgments may be attacked collaterally as null and void, but, if within the periphery delimited by the legislative power grant, such orders, decrees and judgments, when unreversed or unmodified in the manner provided by the pertinent legislation, have the effect of final judgments, and they cannot be attacked before a judicial forum other than that expressly set up by the Legislature, for some alleged error of law, even of constitutional dimension, which might have been corrected on proper application to the court of last resort provided under the statute.

Small, 363 A.2d at 729 (emphasis in original).

In Piacitelli we followed our decision in Small. In Piacitelli we held that the plaintiff, who had not pursued his statutorily provided right to direct review, could not collaterally attack the constitutionality of the suspension of his driver's license. Piacitelli, however, was based in part on our earlier holding in State v. Higgins, 338 A.2d 159, 161 (Me.1975), in which we held that a person whose license had been suspended could not challenge that suspension through the self-help measure of driving while under suspension. Piacitelli involved a criminal action brought by the State against Piacitelli and also a civil action brought by Piacitelli attacking the validity of the suspension of his license. We rejected Piacitelli's constitutional claim in the criminal case on the Higgins rationale. However, our affirmance of the dismissal of Piacitelli's civil action was based on Small, 449 A.2d at 1128.

We now recognize that much of the language in our opinions concerning these issues is based on the historical underpinnings of equitable relief. The merger of law and equity, coupled with improved administrative procedures and our modern civil rules, now allows us to analyze this case under conventional res judicata concepts.

The concept allowing collateral attack of void decisions, see Small, 363 A.2d 724, developed when administrative determinations were not judicially reviewable by "appeal." Judicial review was facilitated by using extraordinary writs such as prohibition, mandamus, certiorari, and injunction. These writs were held not to reach "mere error," but only instances of administrative action "in excess of jurisdiction," thereby implying that the agency action was null and void. Today, "mere error" justifies timely review, and perhaps reversal, but in the absence of such review, the administrative determination is not subject to subsequent attack.

The processes used in our administrative agencies are now substantially similar to those employed by courts, and their decisions may be accorded the finality that attaches to judicial judgments. The rules of res judicata thus may be applied to agencies with respect to their own adjudications.

Furthermore, the distinction between "direct" and "collateral" attack has been blurred over the years. Distinctions between direct and collateral attack differ depending upon the context in which they are presented and thereby result in needless confusion of the basic issue whether relief from a judgment is appropriate. The merger of law and equity, coupled with the availability of M.R.Civ.P. 60(b), removes any need to resort to the obfuscatory distinction between direct and collateral attack. Except in certain situations in which the time limits in rule 60(b) preclude relief under its provisions, the rule affords a party to a judgment the full range of...