Phillips v. Jackson
Decision Date | 09 August 2022 |
Docket Number | S22A0503 |
Parties | PHILLIPS v. JACKSON, Judge et al. |
Court | Georgia Supreme Court |
A judge of the Municipal Court of Atlanta believed that Carey Phillips's traffic citation gave rise to “quasi-bond” conditions that it could - and did - modify in order to restrict Phillips's driving privileges. Phillips disagreed, but instead of appealing the municipal court judge's order, he sought pretrial habeas relief against the municipal court judge and the City of Atlanta Solicitor. Counsel for the respondents did not attempt to defend the judge's order on the merits arguing only that Phillips's habeas petition was procedurally improper on several grounds. The habeas court denied relief, partly on the ground that Phillips had an adequate remedy at law and so could not seek habeas. We agree and affirm, albeit identifying a different legal remedy than did the habeas court.
According to undisputed allegations in his habeas petition and record evidence, Phillips was issued a speeding citation under OCGA § 40-6-181. As provided in OCGA § 17-6-11 (a), he displayed his driver's license in lieu of being arrested incarcerated, or ordered to post a bond.[1] He tried to enter a negotiated plea to a reduced speeding charge, but the municipal court rejected this. Over Phillips's objection, that court set a bond hearing to determine whether to restrict or suspend Phillips's driving privileges as a purported bond condition. In a written order issued after the hearing, the municipal court cited its statutory authority to set bail for misdemeanors.[2] It observed that Phillips had "never been ordered to post a bond for this charge" and that his duty to appear for hearings was "a 'quasi' bond" under the citation. The municipal court decided to "amend[]" the so-called quasi-bond, applying the analysis that it would for a bond revocation. It ordered that Phillips could drive only for work, medical and schooling appointments, religious activities, and essential shopping until further judicial order. Notwithstanding these permissible driving purposes, the court also ordered him to surrender his license.
Phillips filed a habeas petition naming the municipal court judge and city solicitor as respondents. He contended that the municipal court lacked the authority to set bond conditions because there was no bond on which to set conditions, "[t]here was no hearing," and "[t]here was no evidence proffered or accepted." The habeas court denied relief in a written order. It held, among other things, that Phillips could not seek habeas relief because he had an adequate remedy at law. We agree, although the remedy we see available to Phillips is not the remedy identified by the habeas court.[3] Georgia's habeas corpus statute has two articles. The second article "provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record." OCGA § 9-14-41. Phillips cannot pursue relief under this article because his liberty is not being restrained by virtue of a sentence; his prosecution is still pending.
Under the first article of Georgia's habeas corpus statute, by contrast, "[a]ny person restrained of his liberty under any pretext whatsoever, except under a sentence of a state court of record, may seek a writ of habeas corpus to inquire into the legality of the restraint." OCGA § 9-14-1 (a). This article applies to pretrial habeas petitions like Phillips's, but the ability to seek relief under it is subject to an important limitation. As we have explained, habeas corpus under this article is unavailable "[w]here the proceedings under which the petitioner['s liberty is restrained] are still pending undisposed of, and the ordinary established procedure is still available to him," as long as there is "another adequate remedy" and so "no necessity for issuance of this high extraordinary writ." See Williams v. Reece, 288 Ga. 46, 47 (701 S.E.2d 188) (2010) (punctuation and citation omitted). Phillips's prosecution was still pending at the time of his habeas petition, and he had an adequate remedy at law in that pending proceeding. Phillips's case was bound over to state court on August 3, 2021, and he could have sought relief there. "All bonds taken under requisition of law in the course of a judicial proceeding may be amended and new security given if necessary." OCGA § 17-6-18. The state court, then, had authority to modify Phillips's bond, including by removing all conditions other than his appearance in court. This would have restored Phillips to the position he was in before the municipal court acted and so adequately remedied any deficiency in the municipal court's order. See OCGA § 17-6-11 (a) (4) ("Upon display of the driver's license, the apprehending officer shall release the individual so charged for his or her further appearance before the proper judicial officer as required by the uniform traffic citation.").[4]
Had the state court declined to modify the order, Phillips could have then sought a certificate of immediate review in order to pursue an interlocutory appeal. See OCGA § 5-6-34 (a)-(b) ( ); OCGA § 15-7-43 (a) (); Tumlinson v. Dix, 309 Ga. 184, 185 (844 S.E.2d 765) (2020) ("An order denying bond is interlocutory and may be reviewed by an appellate court following the grant of a certificate of immediate review."). If the state court declined to issue the certificate, only then could Phillips have sought habeas relief. See Tumlinson, 309 Ga. at 185-186 (). And at least on the record before us, it appears that all these potential remedies remain available to Phillips today.
Phillips additionally argues that he can pursue habeas relief because "there was no evidence tendered to the municipal court and . . . the court itself acted to both prosecute and determine the issue of bond, creating a due process issue that leaves the resulting order of the court a void order reachable by habeas." But the habeas court's conclusion that Phillips had an adequate remedy at law does not depend on a conclusion that the municipal court's proceedings were themselves proper. Indeed, although we do not decide any merits-related questions, we have serious concerns about the municipal court's actions, and note that counsel for the respondents does not attempt to defend the order of the municipal court on its merits.
Phillips's ability to seek modification of his bond by the state court - an adequate remedy at law - precluded his filing a habeas petition. For this reason, pretrial habeas relief is not available to him at this time. See Kearse v. Paulk, 264 Ga. 509, 510 (448 S.E.2d 369) (1994). Accordingly, we affirm.[5]
Judgment affirmed. All the Justices concur.
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[1] OCGA § 17-6-11 (a) provides in relevant part as follows:
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