Petition for Writ Beck v. Elmore Cnty. Magistrate Court
| Decision Date | 24 June 2021 |
| Docket Number | Docket No. 48475 |
| Citation | 168 Idaho 909,489 P.3d 820 |
| Court | Idaho Supreme Court |
| Parties | RE: PETITION FOR WRIT OF PROHIBITION. Roxana Beck, Petitioner, v. Elmore County Magistrate Court; Honorable Theodore Fleming, Magistrate Judge; Honorable Brent Ferguson, Magistrate Judge, Respondents. |
Ratliff Law Offices Chtd., Mountain Home, for Petitioner. Peter A. Wood argued.
Lawrence G. Wasden, Idaho Attorney General, Boise, for Respondents. Kenneth K. Jorgensen argued.
This is a case involving important constitutional limitations on the imposition and collection of fines, court costs, and other fees by the courts of this State. After failing to pay fines, court costs, and restitution owed in a criminal misdemeanor case, Roxana Beck was arrested and held in jail for seven days pursuant to a warrant of attachment.1 Following her release, Beck, seeking to invoke its original jurisdiction, filed a petition for a writ of prohibition with the Idaho Supreme Court against the Elmore County magistrate court, and two Elmore County magistrate judges (collectively "Respondents" or "magistrate court"). In the petition, Beck alleged that the magistrate court exceeded its jurisdiction in initiating criminal contempt proceedings and issuing a warrant of attachment against her after she failed to pay fines, court costs, and restitution. Specifically, Beck argues that the magistrate court exceeded its jurisdiction by issuing the warrant of attachment without making an adequate probable cause determination, conducting an ability-to-pay analysis, and considering whether reasonable cause existed to believe that she would have disregarded a written notice to appear. Beck further argues that the magistrate court exceeded its jurisdiction by issuing a warrant of attachment with an unconstitutional bail schedule and initiating a contempt prosecution against her based upon a motion and affidavit filed by the deputy court clerk. Beck requests that the magistrate court be enjoined from issuing future warrants of attachment, against her or other similarly situated parties, in the same manner and with the same alleged deficiencies as the first warrant.
On February 20, 2020, Roxana Beck pleaded guilty to frequenting a place where controlled substances were used, sold, or manufactured, which is a misdemeanor under Idaho Code section 37-2732(d). At sentencing, Beck's attorney requested that fines and fees in the case be waived, or alternatively, that any payment agreement be "as low [as] possible" because Beck's hours of work at Burger King had recently been reduced. Beck was not required to serve any time in jail as part of her sentence, but, despite her request, was ordered to pay $150 in fines, $197.50 in court costs, and $291 in restitution to the Idaho State Lab. Beck signed a "Deferred Payment Agreement" that required her to pay $25 a month towards the total amount owed, with her first payment to be made on April 1, 2020. The agreement also contained a clause indicating that if Beck missed a payment the entire sum would become due and that a warrant may be issued for her arrest for failure to pay.
About three months after the first payment was due, a deputy clerk of the district court in Elmore County filed a "Motion and Affidavit in Support of Contempt Proceedings" alleging that Beck had failed to pay the fines, court costs, and restitution and was in contempt of court. The affidavit asserted that the deputy clerk had knowledge of the judgment entered against Beck, including her obligation to pay $638.50. The deputy clerk also asserted that she had examined the records of the court and determined that Beck had been served with a copy of the judgment and violated the judgment by failing to pay $643.72.2
That same day, an Elmore County magistrate judge issued a warrant of attachment for contempt against Beck. The warrant indicated that, based upon the court's records and the deputy clerk's affidavit, probable cause existed to believe that Beck was in contempt of court for violating the court's order requiring payment of the fines, court costs, and restitution. The warrant also indicated there were "reasonable grounds to believe the Defendant [would] disregard a written Notice to Appear." Finally, the warrant gave Beck the choices of posting $6,400 as bail and appearing in court at a later date, paying $643.72 in cash to satisfy the amount owed and to expunge the contempt (and the writ of attachment), or staying in jail and appearing in court on the next judicial day.
Several months later, on October 29, 2020, Beck was arrested in Canyon County on the Elmore County warrant of attachment. Beck was arraigned in Canyon County the next day, on October 30, 2020, and was held until she either posted bond or could be transported to Elmore County. Beck was transported to Elmore County on November 3, 2020, and appeared in court the next day for an arraignment hearing. At the hearing, Beck entered a guilty plea pursuant to North Carolina v. Alford , 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) to a charge of criminal contempt and was sentenced to five days in jail with five days’ credit for time already served. Beck was also reordered to pay the outstanding fines, court costs, and restitution from her misdemeanor conviction. Because she was held in jail for two days longer than the statutory maximum, Beck was granted a $70 credit, $35 for each day, towards her outstanding balance. Beck also signed a new "Deferred Payment Agreement," requiring her to make $25 monthly payments towards the outstanding balance owed in her misdemeanor case, with the first payment due on December 15, 2020. The agreement contained an identical clause explaining that if Beck missed a payment the entire sum would become due and a warrant may be issued for her arrest for failure to pay. Beck was released that same day.
On December 4, 2020, Beck filed a petition for writ of prohibition before this Court, seeking an order prohibiting Respondents from issuing future warrants of attachment against her or other similarly situated individuals in the same manner and with the same alleged deficiencies described above.
Shortly thereafter, Respondents filed a motion to dismiss the petition for writ of prohibition as moot, arguing that the Elmore County magistrate court had revised its criminal contempt policies. After due consideration, this Court issued a preliminary writ prohibiting Respondents from issuing warrants of attachment against Beck or any other individuals and ordered Respondents to make an appearance by filing a verified answer and response brief to the petition for writ of prohibition.
On January 15, 2021, Respondents filed their verified answer and response brief. On January 29, 2021, Beck filed a reply brief. On February 16, 2021, this Court granted the State Appellate Public Defender leave to submit a brief as amicus curiae in support of Beck's petition, which was subsequently filed on March 2, 2021. On April 2, 2021, this Court granted leave to the Fines and Fees Justice Center; the Institute for Justice; the University of California, Berkeley School of Law Policy Advocacy Clinic; the ACLU of Idaho; the CATO Institute; the ACLU Racial Justice Program; Judith Resnik; Anna VanCleave; and Brian Highsmith ("Amici ") to file a brief as amicus curiae in support of Beck's petition. The Amici filed a brief on April 9, 2021. The parties argued before this Court on May 7, 2021.
This Court has original jurisdiction to issue writs of prohibition. Idaho Const. art. V, § 9. "The writ of prohibition is not a remedy in the ordinary course of law, but is an extraordinary remedy." Maxwell v. Terrell , 37 Idaho 767, 774, 220 P. 411, 413 (1923). A writ of prohibition "arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person." I.C. § 7-401. "In defining the writ of prohibition, the Idaho Code merely codifies the characteristics of the common law writ." Clark v. Ada Cnty. Bd. of Comm'rs , 98 Idaho 749, 752, 572 P.2d 501, 504 (1977) (citing Stein v. Morrison , 9 Idaho 426, 75 P. 246 (1904) ). The writ of prohibition is a discretionary remedy under Idaho common law, granted only when this Court concludes that the remedy is appropriate. Id. (citing Rust v. Stewart , 7 Idaho 558, 64 P. 222 (1901) ).
As a preliminary matter, Respondents argue that Beck's petition should be dismissed because it has not been personally verified by Beck. Beck contends that the electronic filing of her petition by her defense counsel serves as an automatic verification pursuant to the Idaho Rules for Electronic Filing and Service ("IREFS"). Alternatively, Beck requests that this Court excuse any defect in the verification of her petition.
The IREFS authorize an attorney to electronically file a petition for a special writ with this Court on behalf of their client. IREFS 2(f), 4(a)(1). However, filing a petition on behalf of a client is not the same as verifying the petition. Verification is "a formal declaration made in the presence of an authorized officer, such as a notary public." BMC West Corp. v. Horkley , 144 Idaho 890, 897, 174 P.3d 399, 406 (2007) (quoting Black's Law Dictionary (8th ed. 2004)). Merely because a petition has been filed, does not necessarily mean that it has been properly verified. Although, the IREFS are silent with respect to verification of petitions, an electronically filed special writ must be otherwise compliant with the Idaho Appellate Rules. IREFS 21. Idaho Appellate Rule 5, in turn, mandates that "petitions [be] verified by the party beneficially interested therein." I.A.R. 5(c). In sum, the mere fact that an attorney electronically files a petition on...
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