Newman v. Lance
| Decision Date | 02 August 1996 |
| Docket Number | No. 23100,23100 |
| Citation | 129 Idaho 98,922 P.2d 395 |
| Parties | Gara B. NEWMAN, duly elected prosecutor of Minidoka County, Petitioner, v. Hon. Alan G. LANCE, Attorney General for the State of Idaho, Respondent. |
| Court | Idaho Supreme Court |
Alan G. Lance, Attorney General; Michael A. Henderson, Deputy Attorney General, argued, Boise, for respondent.
This matter is before the Court on PETITION FOR ALTERNATIVE WRIT OF PROHIBITION, pursuant to I.C. §§ 7-401 through 7-404, filed by the duly elected Prosecutor of Minidoka County seeking an alternative writ of prohibition from this Court against the action of the Attorney General "assuming prosecutorial responsibility" to the exclusion of the duly elected Prosecutor of Minidoka County in what are designated as the Hood, Butcher and Diaz cases.
The issue, as framed by the Attorney General in response to the Order to Show Cause issued by this Court pursuant to the Petition for Alternative Writ of Prohibition, is as follows:
Does the Attorney General have the authority, pursuant to his supervisory powers over Prosecuting Attorneys and his common law power and authority, to appear in a criminal case and assume control and direction of the case on behalf of the state?
A criminal complaint was brought by the Minidoka County Prosecutor against Kody Shane Butcher and Jesus Flores Diaz, Jr., charging them with first degree murder of Blake Morgan. The Minidoka County Prosecutor also filed a criminal complaint against Corey Hood, charging Hood with first degree murder. Hood allegedly murdered Mae Hood and Wendy Hunter.
In a letter dated June 20, 1996, the Minidoka County Prosecutor requested the Attorney General's assistance in prosecuting and investigating the above-referenced homicide cases. The Minidoka County Prosecutor explained that, "[s]pecifically we need help with On June 25, 1996, the Minidoka County Prosecutor wrote another letter to the Attorney General's office, again requesting the assistance of the Attorney General and stating that the above-referenced homicide cases would "remain my cases with me or my office to have the final say so and control in any major decisions pertaining to strategy, pleadings or tactics."
follow up investigations in all three murders and I need an experienced trial attorney to advise me in trial strategy and assist in the ultimate trials in these cases."
On June 26, 1996, the Attorney General's office responded to the Minidoka County Prosecutor's request for prosecutorial assistance. The Attorney General approved the Minidoka County Prosecutor's "request for the appointment of the Attorney General or his delegee [sic] as special prosecuting attorney in these matters." The Attorney General's June 26, 1996 letter, instructed the Minidoka County Prosecutor to "immediately file an Idaho Code § 31-2603(a) petition to the Fifth Judicial District Court for that appointment" and informed the Minidoka County Prosecutor that once the Attorney General was "appointed special prosecutor, all final decisions with respect to investigation and prosecution shall be made by our office."
On June 27, 1996, the Minidoka County Prosecutor responded to the Attorney General's June 26, 1996 letter. The Minidoka County Prosecutor's June 27, 1996 letter, described the sequence of events leading up to the Minidoka County Prosecutor's June 27, 1996 letter, as follows:
I first contacted you by telephone on Tuesday, June 18, 1996 with a request for prosecutorial assistance in the homicide cases which have taken place in Minidoka County in the last three months.... [Y]ou asked that I draft a letter to you setting out the help we needed from you [sic] office which I did the next day and sent to you. You stated you would respond to my letter sometime during the week of the 24th.
The Minidoka County Prosecutor's June 27, 1996 letter, stated that while she was meeting with the Attorney General's office regarding her request for assistance, it was never indicated that the Attorney General's assistance would be conditioned upon the Minidoka County Prosecutor's office relinquishing all prosecutorial control of the homicide cases to the Attorney General. The Minidoka County Prosecutor declined the Attorney General's offer of assistance, stating that she did not "wish to relinquish total control of the Blake Morgan murder to [the Attorney General's] office as [the Minidoka County Prosecutor did] not feel that would be in the best interests of Minidoka County."
On July 8, 1996, the Attorney General wrote a letter to the Minidoka County Prosecutor, informing her that:
I have grave concern regarding the preparation and presentation to date of the above-entitled cases. Therefore, pursuant to my supervisory powers contained in Idaho Code § 67-1401 as recognized by the Idaho Supreme Court in State v. Taylor, 59 Idaho 724 (1939), I am hereby notifying you that my office is now assuming exclusive prosecutorial responsibility for these cases. I am simultaneously filing with the Court a notice of appearance in these cases. I am taking this action on behalf of the people of the State of Idaho.
The Attorney General instructed the Minidoka County Prosecutor to "arrange for the immediate turnover of the case files and all related documents" in the above-referenced homicide cases, to the Attorney General's office. The defendants in the above-referenced homicide cases subsequently filed motions to strike the Attorney General's notice of appearance in each of the homicide cases.
On July 10, 1996, the Minidoka County Prosecutor wrote a letter to the Attorney General. The Minidoka County Prosecutor's July 10, 1996 letter, disagreed with the Attorney General's assertion that the Attorney General has "exclusive prosecutorial authority" over the above-referenced homicide cases. The Minidoka County Prosecutor contended that Idaho Code § 31-2604 clearly establishes that it is the duty of the county prosecuting attorney to prosecute all criminal actions in the county and that Idaho Code § 31-2227 states that the primary responsibility of criminal prosecutions is placed with On July 10, 1996, the Minidoka County Prosecutor filed an application for an alternative writ of prohibition with the Idaho Supreme Court. On July 11, 1996, the Idaho Supreme Court issued an Order to Show Cause, ordering the Attorney General to show cause why an alternative writ of prohibition should not be issued.
the County Prosecuting Attorney. The Minidoka County Prosecutor declined to provide the Attorney General the files in the above-referenced homicide cases, noting that her request for assistance in the form of a Deputy Attorney General to act as co-counsel assisting in the litigation of the Diaz and Butcher homicide cases was denied by the Attorney General. The Minidoka County Prosecutor rejected the Attorney General's demand that the Minidoka County Prosecutor petition the court to appoint a Deputy Attorney General to take exclusive control of the above-referenced homicide cases.
On July 15, 1996, the Minidoka County Commissioners filed in the District Court of the Fifth Judicial District a motion to intervene and a petition to appoint the Attorney General as special prosecutor in each of the three above-referenced homicide cases, pursuant to section 31-2603(a) of the Idaho Code.
On July 16, 1996, oral argument was heard by this Court regarding the Minidoka County Prosecutor's Petition for an Alternative Writ of Prohibition. On July 16, 1996, this Court ordered that "all judicial proceedings in the matter of the State of Idaho v. Corey Hood; State of Idaho v. Kody Shane Butcher; and State of Idaho v. Jesus Flores Diaz, Jr., are stayed, save and except for the Petition to Appoint Special Prosecutor by the Minidoka County Commissioners in each of said matters, subject to further order of this Court."
On July 24, 1996, the district court heard oral argument regarding the Minidoka County Commissioners's Petition to Appoint Special Prosecutor. The district court denied the Minidoka County Commissioners's Petition to Appoint Special Prosecutor by order filed July 29, 1996.
As we stated in our July 16, 1996 Order, "[t]he denial of [the Minidoka County Commissioners's] Petition [to Appoint Special Prosecutor] by the District Court would enable this Court to deal with all issues concerning this matter at one time." We now address the Minidoka County Prosecutor's Petition for an Alternative Writ of Prohibition.
Under art. IV, section 1 of the Idaho Constitution, the Attorney General, as one of the executive officers of the State of Idaho is to "perform such duties as are prescribed by this Constitution and as may be prescribed by law." Those duties of the Attorney General prescribed by law are set forth in section 67-1401 of the Idaho Code. Subsections 6, 8, and 12 of I.C. § 67-1401, upon which the Attorney General relies, are as follows:
Except as otherwise provided in this chapter, it is the duty of the attorney general: ...
6. To exercise supervisory powers over prosecuting attorneys in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the condition of public business entrusted to their charge....
8. When required by the public service, to repair to any county in the state and assist the prosecuting attorney thereof in the discharge of duties....
12. To exercise all the common law power and authority usually appertaining to the office and to discharge the other duties prescribed by law.
The Attorney General additionally relies upon the authority of this Court contained in State v. Taylor, 59 Idaho 724, 87 P.2d 454 (1939), and State v. Edmonson, 113 Idaho 230, 743 P.2d 459 (1987).
The issue in Taylor was whether the Attorney General, or his deputies, had a right to appear before a grand...
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