Nash, In re, 86-373
Citation | 151 Vt. 1,556 A.2d 88 |
Decision Date | 23 December 1988 |
Docket Number | No. 86-373,86-373 |
Court | United States State Supreme Court of Vermont |
Parties | In re Douglas NASH. |
Michael Rose, St. Albans, for petitioner-appellant.
Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Thomas J. Rushford, Asst. Atty. Gen., Waterbury, for respondent-appellee.
Before ALLEN, C.J., PECK, GIBSON and DOOLEY, JJ., and KEYSER, J. (Ret.), Specially Assigned.
Petitioner, a prisoner at Windsor Correctional Facility, petitioned the superior court under V.R.C.P. 75, alleging that the conduct of a prison disciplinary hearing had violated his due process right to an impartial hearing under the United States Constitution. At the disciplinary hearing, petitioner was found to have disobeyed an order of a corrections officer to stop smoking on his bed, and ordered to write a fifty-word essay on why smoking should not be done in bed. The superior court determined that the disciplinary proceeding had complied with the procedural due process requirements of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), that the record did not support petitioner's claim that the hearing officer was not impartial, and that there was "some evidence" to support the decision. See Superintendent, Massachusetts Correctional Institution v. Hill, 472 U.S. 445, 455, 105 S.Ct. 2768, 2774, 86 L.Ed.2d 356 (1985) (). For these reasons, the court denied the petition for relief.
On appeal, petitioner again argues that his constitutional rights were violated at the disciplinary hearing. In particular, he asserts that the hearing was not an impartial one in that the hearing officer acted as both prosecuting officer and witness. In considering this issue, it is important to keep in mind that a disciplinary hearing is not a criminal proceeding, Baxter v. Palmigiano, 425 U.S. 308, 316, 96 S.Ct. 1551, 1557, 47 L.Ed.2d 810 (1976), and does not carry with it "the full panoply of rights" of a criminal prosecution. Wolff, 418 U.S. at 556, 94 S.Ct. at 2975, see id. at 566-70, 94 S.Ct. at 2979-82 ( ); 28 V.S.A. § 852(b) ( ); see also Baxter v. Palmigiano, 425 U.S. at 315, 96 S.Ct. at 1556 ( ). In certain respects, prison disciplinary hearings are analogous to small claims proceedings, where the parties are encouraged to appear without counsel, and the court is expected to conduct the questioning of witnesses. See Ferris-Prabhu v. Dave & Son, Inc., 142 Vt. 479, 480, 457 A.2d 631, 632 (1983). So, here, where both the presenter and petitioner were without counsel, it was appropriate for the hearing officer to conduct the questioning of the witnesses. Auger v. Auger, 149 Vt. 559, 561, 546 A.2d 1373, 1375 (1988) ( )(quoting McCormick on Evidence § 8, at 14-15 (3d ed. 1984)).
Our review of the merits is limited to deciding whether the court's decision was clearly erroneous. V.R.C.P. 52(a); Harlow v. Miller, 147 Vt. 480, 482, 520 A.2d 995, 997 (1986). Although the hearing officer conducted most of the questioning of witnesses, we are satisfied from a review of the record that the actions of the hearing officer fell within the "play in the joints...
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...in nature, and inmates involved in them do not receive " 'the full panoply of rights' of a criminal prosecution." In re Nash, 151 Vt. 1, 2, 556 A.2d 88, 89 (1988) (quoting Wolff v. McDonnell, 418 U.S. 539, 556, 94 S.Ct. 2963, 2975 (1974)). Instead, we analogized prison disciplinary hearings......
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