Rapid City Journal v. Callahan
| Decision Date | 22 June 2022 |
| Docket Number | 29812-PJD,29811-PJD |
| Citation | 2022 S.D. 38 |
| Parties | RAPID CITY JOURNAL, Applicant, v. THE HONORABLE CHAD R. CALLAHAN, South Dakota Fourth Judicial Circuit Magistrate Judge, Respondent. |
| Court | South Dakota Supreme Court |
2022 S.D. 38
RAPID CITY JOURNAL, Applicant,
v.
THE HONORABLE CHAD R. CALLAHAN, South Dakota Fourth Judicial Circuit Magistrate Judge, Respondent.
Nos. 29811-PJD, 29812-PJD
Supreme Court of South Dakota
June 22, 2022
CONSIDERED ON BRIEFS JANUARY 10, 2022
ORIGINAL PROCEEDING
JON E. ARNESON SIOUX FALLS, SOUTH DAKOTA ATTORNEY FOR APPLICANT.
JASON R. RAVNSBORG ATTORNEY GENERAL
PAUL S. SWEDLUND SOLICITOR GENERAL PIERRE, SOUTH DAKOTA ATTORNEYS FOR RESPONDENT.
DEVANEY, JUSTICE
[¶1.] This matter concerns the Rapid City Journal's (Journal) applications for alternative writs of prohibition and mandamus and corresponding applications for permission to commence original prohibition and mandamus proceedings against the Honorable Chad Callahan, magistrate judge. The Journal alleges that its right to access Gary Cammack's criminal court file was violated when Judge Callahan entered an order sealing Cammack's court file prior to the expiration of the condition that he obey all laws for six months. The Journal further asserts that Judge Callahan could not enter an order that had the effect of suspending imposition of sentence without a probation condition. After reviewing the Journal's applications, we directed the Journal to address on what basis it has standing to apply for its requested relief and directed Judge Callahan to detail the procedural history of the matter and identify the authority upon which the court sealed Cammack's court file.
[¶2.] Having now reviewed the parties' submissions, we conclude that while the Journal does not have standing to challenge the sentence imposed by the magistrate court, it does have standing to challenge the magistrate court's seal order. We therefore examine the merits of the Journal's claim that the magistrate court violated its right to access Cammack's court file.
Factual and Procedural Background
[¶3.] In response to this Court's directive, Judge Callahan has provided the following procedural history. On January 18, 2020, Cammack was arrested for and charged with speeding and first offense driving while under the influence in Meade
County. Because of a conflict of interest, the Pennington County State's Attorney's Office prosecuted the action. Cammack initially pled not guilty, and thereafter, multiple status hearings were held. Although a jury trial was scheduled, the State and Cammack entered into a plea agreement after a pre-trial conference on June 10, 2021. The agreement provided that Cammack would plead guilty to careless driving and speeding, pay fines and costs, and not violate any laws for a period of six months. The agreement also contemplated that Cammack would request a suspended imposition of sentence. At a change of plea hearing on June 29, 2021, Judge Callahan accepted Cammack's guilty plea and granted a suspended imposition of sentence on the conditions that Cammack pay fines and costs and not violate any laws for six months. All of these proceedings were open to the public, and the court filings were likewise accessible to the public during the several months while these proceedings were occurring.
[¶4.] On October 1, 2021, Cammack's attorney sent an email to the Meade County Clerk of Courts noting that Cammack's criminal case was still designated as a "pending" case and asking what steps needed to be taken to have the case sealed. Cammack's attorney explained in the email that he thought the judge had ordered an immediate seal of the court file when granting the suspended imposition of sentence. The clerk replied that the notes from the court proceeding did not show that Judge Callahan ordered an immediate seal. The clerk further explained that Odyssey (South Dakota's electronic filing system) showed the seal date would be December 29, 2021.
[¶5.] Counsel for Cammack then sent an email to the prosecutor asking whether he would object to a modification of the court's order suspending the imposition of sentence so that the case could be immediately sealed. The prosecutor did not object, and counsel for Cammack sent an email to Judge Callahan and the prosecutor, and copied the clerk of courts, asking whether the court would be willing to grant an immediate seal. After receiving Cammack's request, the clerk advised that no "Judgment" had been filed in the case. Judge Callahan responded that he would grant the request for an immediate seal, assuming the fines and costs had been paid. The prosecutor then indicated he would "follow up on the judgment."[1]Judge Callahan thereafter signed and filed an order on October 4, 2021, sealing the court file. The seal order identified that Cammack had "observed all the conditions imposed by the [c]ourt." On this same date, presumably to rectify the fact noted by the clerk of court that a written order suspending the imposition of sentence had not been entered, Judge Callahan also entered a written order suspending the imposition of Cammack's sentence. However, this October 4, 2021 order contained the same condition initially ordered by the court that Cammack "obey all laws for six (6) months."
[¶6.] In early October 2021, the Journal became aware of Cammack's criminal case and secured copies of the documents relating to the case that had been filed in Odyssey before the seal order took effect. The dispositional notes in the Odyssey file showed that the court's suspended imposition of sentence contained two conditions: 1) that Cammack pay the fines and costs on the date of his plea and sentencing hearing (June 29, 2021); and 2) that Cammack violate no laws for a period of six months. This information caused the Journal to question why the magistrate court's sealing of the court file occurred prior to the expiration of the six-month period. On October 15, the Journal sent an email to the prosecutor and Cammack's defense counsel requesting information regarding the court's authority to prematurely seal the file. Cammack's attorney explained that Judge Callahan had amended the order suspending the imposition of sentence to remove the obey all laws provision.[2]
[¶7.] According to the Journal's statement of facts in its verified applications for alternative writs of mandamus or prohibition, the Journal received, upon request, further documentation from Cammack's counsel. The Journal received Judge Callahan's order sealing the court file entered on October 4, 2021, a copy of
the arrest document, and a copy of the emails exchanged among counsel and Judge Callahan that led to the order sealing the court file. However, the Journal asserted in its verified applications that its "questions regarding the existence of [the seal] order" have "gone unanswered" by Judge Callahan and the prosecution.[3]
[¶8.] On November 1, 2021, the Journal requested, in its application for an alternative writ of prohibition and for permission to commence an original prohibition proceeding against Judge Callahan, that this Court enter a writ of prohibition barring the magistrate court from entering or enforcing the order granting Cammack a suspended imposition of sentence without a probation condition and prohibiting the court from enforcing the corresponding seal order. The Journal similarly requested in its application for an alternative writ of mandamus and permission to commence an original mandamus proceeding that this Court direct the magistrate court to unseal Cammack's court file and rescind any order to the contrary and to rescind any order that removes the probation condition.
[¶9.] After reviewing these applications, this Court issued an order on November 22, 2021, directing the Journal to address "the grounds for its standing to request either a writ of prohibition barring Respondent from granting a suspended imposition of sentence without requiring a term of probation, or a writ of prohibition
prohibiting [Judge Callahan] from enforcing its order to seal [Cammack's] court file."[4] We further directed Judge Callahan "to submit a response detailing the procedural history of the proceedings and his authority to seal [Cammack's] court file prior to the expiration of the timeframe set forth in any dispositional order, or final order filed by [the court]." Also, Judge Callahan was directed to "state whether any term of probation remains in effect under the terms of any dispositional order, or final order filed by [the court]." The parties have submitted their responses, and we now address the following issues:
1. Whether the Journal has standing to request either a writ of prohibition preventing the magistrate court from granting or enforcing an order suspending imposition of sentence that does not contain a term of probation as a condition or a writ of mandamus directing the rescission of any such order.
2. Whether the Journal has standing to request either a writ of prohibition preventing the magistrate court from enforcing its order sealing Cammack's court file or a writ of mandamus directing that the court rescind such order and unseal the court file.
3. Whether the magistrate court had authority to seal Cammack's court file prior to the expiration of the timeframe set forth in the governing dispositional order.
Analysis and Decision
[¶10.] "Under Article V, § 5 of the South Dakota Constitution, this [C]ourt has authority to issue, hear and determine any original or remedial writs." Dacy v. Gors, 471 N.W.2d 576, 578 (S.D. 1991). "[A]n applicant for a writ of prohibition must show that he or she has no 'plain, speedy and adequate remedy in the ordinary course of law' available to them." Cummings v. Mickelson, 495 N.W.2d 493, 495 (S.D. 1993) (quoting SDCL 21-30-2). Further, "[t]o prevail on a writ of mandamus or prohibition, [p]etitioners must show 'a clear legal right to performance of the specific duty sought to be compelled and the [respondent] must have a definite legal obligation to perform that duty.'" Cheyenne River Sioux Tribe v. Davis...
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