Marriage of Seyler, In re

• Citation: 559 N.W.2d 7
• Decision Date: 19 February 1997
• Docket Number: No. 96-198,96-198
• Parties: In re the MARRIAGE OF David Keith SEYLER and Sherry Lynn Seyler. Upon the Petition of David Keith Seyler, Appellant, And Concerning Sherry Lynn Seyler, Appellee.
• Court: United States State Supreme Court of Iowa

Page 7

559 N.W.2d 7

In re the MARRIAGE OF David Keith SEYLER and Sherry Lynn Seyler Upon the Petition of David Keith Seyler, Appellant And Concerning

Sherry Lynn Seyler, Appellee.

No. 96-198.

Supreme Court of Iowa.

Feb. 19, 1997.

John M. Trewet of Rutherford, Trewet & Petersen, Atlantic, for appellant.

N. Michael D'Angelo, Oakland, for appellee.

Considered by LARSON, P.J., and NEUMAN, SNELL, ANDREASEN, and TERNUS, JJ.

TERNUS, Justice.

This dissolution of marriage case comes to us with an unusual procedural history. The matter was tried to one judge and taken under advisement. Subsequently, for reasons not shown in the record, a second judge entered a decree disposing of the case. We conclude (1) this procedure deprived the parties of a hearing as guaranteed by the Due Process Clause, and (2) the second judge lacked authority to issue a ruling in this case. Therefore, we vacate the judgment and remand the case with instructions.

I. Background Facts and Proceedings.

On April 26, 1995, appellant, David Seyler, filed for dissolution of his marriage to appellee, Sherry Seyler. Prior to trial, the parties stipulated to a property settlement, providing generally that all assets would be sold, the parties' debts would be paid, and the remaining balance would be divided equally between the parties. Consequently, when the matter proceeded to trial in August 1995, the sole issue upon which evidence was submitted was custody of the parties' two minor children. The parties tried the case to district court judge J.C. Irvin. After a half day of testimony, including several charged recitations of parental impropriety, Judge Irvin took the matter under advisement.

Over four months later, in December 1995, another district court judge, Leo F. Connolly, prepared and filed a decree in the case. The decree was substantially at odds with the prior course of the action. There was no reference to the property settlement. Instead, the parties were ordered to divide their assets. Despite the nature of the testimony at trial, there were no factual findings of credibility or discussion of the children's best interests regarding custody. Sherry was simply given sole custody of the children, subject to David's reasonable visitation. David was ordered to pay $300 per month in child support.

David appealed, seeking a de novo review of Judge Connolly's order. He argues on appeal that Judge Connolly's order deprived him of his constitutional right to due process of law under the United States and Iowa constitutions because it was made without the benefit of hearing the evidence at trial. See U.S. Const. amends. V, XIV; Iowa Const. art. I, § 9. He asks us to (1) dissolve the marriage, (2) divide the marital property according to the stipulation, (3) grant him sole custody of the children, and (4) terminate all child support obligations imposed on him.

II. Issues On Appeal.

The unique procedural history of this case requires us to answer two related questions: (1) Must the judge who decides the case hear the evidence? and (2) Must the judge who hears the evidence decide the case? The first issue involves principles of due process; the second issue concerns the authority of a judge to rule on a particular matter. Our ability to review the merits of the underlying custody decision depends on our resolution of these two issues.

We review the constitutional challenge to the court's decree de novo. Spaur v. Owens-Corning Fiberglas Corp., 510 N.W.2d 854, 865 (Iowa 1994). Questions of the court's authority are reviewed for correction of errors of law. In re Marriage of Engler, 532 N.W.2d 747, 748 (Iowa 1995). A review of the merits of the dissolution decree is de novo. Iowa R.App.P. 4; In re Marriage of Spiegel, 553 N.W.2d 309, 313 (Iowa 1996).

III. Due Process Challenge.

A. General principles of due process. Due process mandates that persons who are required to settle disputes through the judicial process "must be given a meaningful opportunity to be heard." Boddie v. Connecticut, 401 U.S. 371, 377, 91 S.Ct. 780, 786, 28 L.Ed.2d 113, 118 (1971) (divorce case). This opportunity must be " 'granted at a meaningful time and in a meaningful manner.' " Id. at 378, 91 S.Ct. at 786, 28 L.Ed.2d at 119 (quoting Armstrong v. Manzo, 380 U.S. 545, 552, 85 S.Ct. 1187, 1191, 14 L.Ed.2d 62, 66 (1965)). The hearing guaranteed by the Due Process Clause is one " 'appropriate to the nature of the case.' " United States v. Raddatz, 447 U.S. 667, 677, 100 S.Ct. 2406, 2413, 65 L.Ed.2d 424, 434 (1980) (quoting Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 313, 70 S.Ct. 652, 657, 94 L.Ed. 865, 873 (1950)).

The requirements of due process are flexible and consequently, the type of hearing required depends on "(a) the private interests implicated; (b) the risk of an erroneous determination by reason of the process accorded and the probable value of added procedural safeguards; and (c) the public interest and administrative burdens, including costs that the additional procedures would involve." Id. at 677, 100 S.Ct. at 2413, 65 L.Ed.2d at 434. Thus, due process does not always require that the ruling judge hear the testimony. See id. at 680, 100 S.Ct. at 2415, 65 L.Ed.2d at 436.

B. Unavailability of trial judge. Generally in cases tried to the court, due process entitles a litigant to a decision on the facts by a judge who has heard the evidence. European Beverage, Inc. v. Superior Ct., 43 Cal.App.4th 1211, 51 Cal.Rptr.2d 147, 148 (1996); Stevens v. Hartford Accident & Indem. Co., 29 Conn.App. 378, 615 A.2d 507, 511 (1992); Anderson v. Dewey, 82 Idaho 173, 350 P.2d 734, 737 (1960); People v. Lupe, 405 Ill. 66, 89 N.E.2d 824, 826 (1950); Paulson v. Meinke, 352 N.W.2d 191, 193 (N.D.1984); see In re Buchman's Estate, 123 Cal.App.2d 546, 267 P.2d 73, 84 (1954) ("The power vested in a judge is to hear and determine, not to determine without hearing."). Otherwise, the litigant is deprived of a meaningful hearing.

Of course, situations arise where the trial judge is unable to issue a decision and the matter must be resolved by a second judge. Under these circumstances, the general rule is a successor judge may render a judgment consistent with due process so long as he or she orders a full or partial retrial, or in appropriate cases, becomes familiar with the entire existing record. Grudzina v. New Mexico Youth Diagnostic & Dev. Ctr., 104 N.M. 576, 725 P.2d 255, 259 (1986); cf. Lien Ho Hsing Steel Enter. Co. v. Weihtag, 738 F.2d 1455, 1461 (9th Cir.1984) (where only legal arguments are involved and the issues have been briefed, there is no constitutional requirement for oral argument). The precise procedure required by due process depends on the nature of the issues. See Anderson, 350 P.2d at 737. Compare Nering v. Stockstill, 448 N.E.2d 695, 697 (Ind.App.1983) (successor judge's ruling on posttrial motions based on review of record, as permitted by rule of procedure governing successor judges, did not violate due process) with Vergon v. Vergon, 87 Ohio App.3d 639, 622 N.E.2d 1111, 1113 (1993) (issues in divorce case involved witness credibility; therefore, where trial judge cannot render a decision, successor judge must hold a new trial). "In a case where the resolution of a material issue requires a determination as to the weight and credibility of testimony, due process requires that the trier of fact hear all of the evidence necessary to make a meaningful evaluation." Farner v. Farner, 480 N.E.2d 251, 257 (Ind.App.1985); see also Arthur Young & Co. v. Kelly, 68 Ohio App.3d 287, 588 N.E.2d 233, 238 (1990) ("When credibility is involved, a fair hearing requires the trier of fact to observe the testimony."); cf. Hunter v. Union State Bank, 505 N.W.2d 172, 175 (Iowa 1993) (successor judge hearing case pursuant to Iowa Rule of Civil Procedure 367(b) did not abuse his discretion in refusing to order a new trial where credibility was not crucial to the court's decision).

C. Application of law to this case. Judge Connolly issued a decree in this dissolution action even though he had not presided at the trial and heard none of the testimony. The record does not reflect that he recalled any of the witnesses or heard arguments from counsel. He did not review a transcript of the trial testimony because a transcript was not prepared until after this appeal was taken. In a child custody case where credibility of the witnesses is of paramount importance, due process requires that the deciding judge hear the evidence. Consequently, we hold Judge Connolly's action deprived the parties of the hearing guaranteed by the Due Process Clause. ¹

Our decision on this issue precludes us from considering the underlying merits of this case because there is no valid order to review. See Central Bank v. Costanzo, 873 S.W.2d 672, 675 (Mo.App.1994) (where order appealed was entered without jurisdiction, appellate court will not make a factual determination necessary to resolve the case on its merits; remand is necessary). Therefore, we vacate the decree and remand to the district court. The question of the procedure to follow on remand requires that we consider the second issue: Must the judge who hears the evidence decide the case?

IV. Authority to Decide Case.

On remand, the chief judge will be faced with the task of assigning this case to a judge for decision. Making that assignment requires consideration of the authority of judges other than Judge Irvin to rule on this matter. Our case law establishes that a judge does not have authority to rule upon a matter that is under advisement to another judge who presided at the trial. Dunkelbarger v. Myers, 211 Iowa 512, 515, 233 N.W. 744, 745 (1930).

In Dunkelbarger, one judge presided over the trial, but before he had issued a ruling, a second judge dismissed the case. Id. at 513, 233 N.W. at 744. We held that when a judge takes a case under advisement, "he exclude[s] all other judges in his district from making any...