Scheehle v. Justices of the Supreme Court

• Decision Date: 05 October 2005
• Docket Number: No. CV-04-0103-CQ.,CV-04-0103-CQ.
• Citation: 120 P.3d 1092
• Parties: Mark V. SCHEEHLE, Plaintiff, v. JUSTICES OF THE SUPREME COURT OF THE STATE OF ARIZONA: Stanley G. Feldman, Charles E. Jones, Frederick J. Martone, Ruth V. McGregor, and Thomas A. Zlaket; Judges of the Superior Court of the State of Arizona, in and for the County of Maricopa: Michael R. McVey, Robert D. Myers, Jonathan H. Schwartz and Christopher M. Skelly, Defendants.
• Court: Arizona Supreme Court

Page 1092

120 P.3d 1092

Mark V. SCHEEHLE, Plaintiff, v. JUSTICES OF THE SUPREME COURT OF THE STATE OF ARIZONA: Stanley G. Feldman, Charles E. Jones, Frederick J. Martone, Ruth V. McGregor, and Thomas A. Zlaket; Judges of the Superior Court of the State of Arizona, in and for the County of Maricopa: Michael R. McVey, Robert D. Myers, Jonathan H. Schwartz and Christopher M. Skelly, Defendants.

No. CV-04-0103-CQ.

Supreme Court of Arizona.

October 5, 2005.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Mark V. Scheehle, Plaintiff Pro Se.

Terry Goddard, Arizona Attorney General by Paula S. Bickett, Chief Counsel, Civil Appeals, Phoenix, Attorneys for Defendants.

OPINION

SNOW, Judge.^*

¶ 1 The United States District Court for the District of Arizona has asked us whether this Court "can promulgate court rules mandating experienced attorneys to serve as arbitrators in light of the statutory language of Arizona Revised Statutes ("A.R.S.") section 12-133 (2000) authorizing only voluntary service?" We have jurisdiction to decide the certified question pursuant to A.R.S. § 12-1861 (2001).¹

¶ 2 We hold that this Court has authority to promulgate a court rule authorizing the superior courts in each county of this state to require active members of the state bar to provide limited service as arbitrators. We further hold that the exercise of that authority is neither constricted by, nor inconsistent with, A.R.S. § 12-133.

FACTS AND PROCEDURAL HISTORY

¶ 3 In 1971, the legislature passed a statute permitting the superior courts to implement by court rule non-binding mandatory arbitration programs. The statute assigned to the courts the responsibility for appointing arbitrators in such cases and further specified that courts opting to create a mandatory arbitration program "shall maintain a list of qualified persons within its jurisdiction who have agreed to serve as arbitrators, subject to the right of each person to refuse to serve in a particular assigned case."² 1971 Ariz. Sess. Laws, ch. 142, § 1 (current version codified at A.R.S. § 12-133(C) (2003)). The legislature has amended the statute several times, to raise the mandatory arbitration limits and to require, as opposed to merely permit, superior courts to create mandatory arbitration programs, among other reasons. See, e.g., 1978 Ariz. Sess. Laws, ch. 35, § 1; 1984 Ariz. Sess. Laws, ch. 53, § 1; 1986 Ariz. Sess. Laws, ch. 360, § 1; 1991 Ariz. Sess. Laws, ch. 110, § 1; 1992 Ariz. Sess. Laws, ch. 9, § 1; 2000 Ariz. Sess. Laws, ch. 35, § 1.

¶ 4 In 1974, this Court promulgated the Uniform Rules of Procedure for Arbitration. Rule 1 indicated that the Uniform Rules were for those superior courts that implemented a mandatory arbitration program under A.R.S. § 12-133, and further directed the superior courts how to enact rules for such programs. Rule 2 specified how arbitrators would be appointed. That rule provided that if the parties could not stipulate to an arbitrator, the court would, through a random selection procedure, appoint an arbitrator from a list. The list would be comprised of "members of the Bar of the State of Arizona residing within the County in which the Court is located."³ Unif. R.P. Arb. 2(b) (1980). The rule allowed attorneys to remove their names from the list and also allowed them to refuse to serve if appointed as an arbitrator.

¶ 5 In 1984, pursuant to the rule and the statute, Maricopa County added a local rule implementing the mandatory arbitration program.⁴

¶ 6 In 1986, the legislature amended the statute to require, as opposed to merely permit, superior courts to implement mandatory arbitration programs by rule. In 1989 and 1990, the State Bar of Arizona, the Maricopa County Superior Court, and other attorneys, judges, and court administrators, petitioned this Court to remove the provisions from Rule 2 allowing attorneys to opt out of arbitration service absent good cause. In response, we adopted four changes to Rule 2. First, we omitted the provisions allowing practicing attorneys to remove their names from the list of potential arbitrators. Second, we specified the reasons that would permit an arbitrator to be excused from service. Third, we added a provision allowing an attorney who "has served as an Arbitrator pursuant to these Rules for two or more days during the current year to be excused."⁵ Unif. R.P. Arb. 2(e)(3) (1992). Fourth, we added a comment to the rule confirming that "[i]t is the obligation of all qualified lawyers to serve as Arbitrators and only exceptional circumstances should justify removal from the list." Unif. R.P. Arb. 2 cmt. (1992). In 2000, the Uniform Rules for Arbitration were incorporated into the Arizona Rules of Civil Procedure as Rules 72-76. Rules 1 and 2 of the Uniform Rules are now renumbered respectively as Arizona Rules of Civil Procedure 72 and 73.⁶

¶ 7 In this case, attorney Mark V. Scheehle challenges the provision of Rule 73 authorizing the Maricopa County Superior Court to include him on its list of eligible arbitrators without his consent. Scheehle's federal court complaint alleged that Rule 73 violated a number of his federal constitutional rights. Scheehle also raised a pendent state law claim that Rule 73 was invalid because it compelled him to serve as an arbitrator, whereas A.R.S. § 12-133 authorized the appointment only of arbitrators who had agreed to serve.

¶ 8 The district court granted summary judgment against Scheehle on his federal civil rights claims. It then declined to exercise supplemental jurisdiction over the state law claims after resolution of all the federal questions and accordingly dismissed the state law claims. The Ninth Circuit initially affirmed the decision, Scheehle v. Justices of the Supreme Court, 257 F.3d 1082 (9th Cir.2001), but then withdrew that opinion. Scheehle v. Justices of the Supreme Court, 269 F.3d 1127 (9th Cir.2001). It then certified a question to this Court asking whether A.R.S. § 12-133 mandated compulsory participation of attorneys as arbitrators.

¶ 9 This Court, addressing only that very limited question, held that A.R.S. § 12-133 does not require that lawyers serve as arbitrators. Scheehle v. Justices of the Supreme Court, 203 Ariz. 520, 522, ¶ 6, 57 P.3d 379, 381 (2002). After our decision, the Ninth Circuit remanded the case to the district court for further consideration. Scheehle v. Justices of the Supreme Court, 315 F.3d 1191 (9th Cir.2003).

¶ 10 Upon remand, the district court again reaffirmed its rejection of Scheehle's federal constitutional arguments and dismissed them from this case.

¶ 11 In the same order, the district court certified the following question to this Court:

Whether the Arizona Supreme Court under its exclusive constitutional authority to regulate the practice of law can promulgate court rules mandating experienced attorneys to serve as arbitrators in light of the statutory language of A.R.S. § 12-133 authorizing only voluntary service?

The district court stayed all further consideration as to Scheehle's state law claim pending the answer to its certified question.⁷

ANALYSIS

¶ 12 In his briefing on the certified question, Scheehle makes three alternative arguments. First, Scheehle argues that Rule 73 violates the Takings Clause, U.S. Const. amend. V, and the Equal Protection Clause, U.S. Const. amend. XIV. Second, he argues that Rule 73 impermissibly conflicts with the legislation authorizing the mandatory arbitration program. Third, he asserts that this Court's power to regulate the practice of law does not extend to compelling attorneys to serve as arbitrators. We analyze each argument in turn.

A. The District Court Has Already Decided Scheehle's Federal Law Claims.

¶ 13 Scheehle acknowledges that the district court has already dismissed his federal constitutional claims. But he nonetheless asserts that it would be improper for this Court "to answer the certified questions, when the district court seeks answers from this Court devoid of any analysis of the impact of the Constitution of the United States on such state law authority." We disagree.

¶ 14 It is not the role of this Court in responding to a certified question of state law to review the federal law rulings of the certifying federal court. The authority pursuant to which we respond to the district court's questions permits us to answer only questions of state law. A.R.S. § 12-1861 ("The supreme court may answer questions of law certified to it ... if there are involved in any proceedings before the certifying court questions of the law of this state which may be determinative of the cause."). This opinion is thus limited to the question certified: Does this Court have authority under state law to promulgate the rules at issue and, if it does, is that authority limited by the provisions of A.R.S. § 12-133?

B. Rule 73 Does Not Conflict with A.R.S. § 12-133.

¶ 15 Scheehle next contends that A.R.S. § 12-133(C), by requiring each superior court to "maintain a list of qualified persons within its jurisdiction who have agreed to serve as arbitrators," limits the court to appointing arbitrators from that list. A.R.S. § 12-133(C). We disagree.

¶ 16 In interpreting a statute, we "try to determine and give effect to the legislature's intent." Hayes v. Cont'l Ins. Co., 178 Ariz. 264, 268, 872 P.2d 668, 672 (1994). If we cannot do so by looking at the plain language of the statute, "we consider the statute's context; its language, subject matter, and historical background; its effects and consequences; and its spirit and purpose." Id. We also avoid interpretations that unnecessarily implicate constitutional concerns. In re Shannon, 179 Ariz. 52, 78, 876 P.2d 548, 574 (1994) (opting for statutory interpretation that does not limit this court in interpreting range of sanctions it could impose on attorneys so as not to implicate constitutional concerns); Hayes, 178 Ariz. at 273, 872 P.2d at 677.

¶ 17 The language upon which Scheehle relies has...