State ex rel. Bruggeman v. Ingraham, 99-1036.

• Decision Date: 24 November 1999
• Docket Number: No. 99-1036.,99-1036.
• Citation: 718 NE 2d 1285,87 Ohio St.3d 230
• Parties: THE STATE EX REL. BRUGGEMAN, APPELLANT, v. INGRAHAM, JUDGE, APPELLEE.
• Court: Ohio Supreme Court

87 Ohio St.3d 230

718 NE 2d 1285

THE STATE EX REL. BRUGGEMAN, APPELLANT, v. INGRAHAM, JUDGE, APPELLEE.

No. 99-1036.

Supreme Court of Ohio.

Submitted September 15, 1999.

Decided November 24, 1999.

Christopher R. Bruggeman, pro se.

Edwin A. Pierce, Auglaize County Prosecuting Attorney, for appellees.

Per Curiam.

Bruggeman asserts that the court of appeals erred in dismissing his prohibition action for failure to state a claim upon which relief can be granted. Sua sponte dismissal of a complaint for failure to state a claim is appropriate if the complaint is frivolous or the claimant obviously cannot prevail on the facts alleged in the complaint. State ex rel. Thompson v. Spon (1998), 83 Ohio St.3d 551, 553, 700 N.E.2d 1281, 1282. Therefore, we must determine whether Bruggeman's prohibition claims are frivolous or obviously without merit. Id.

Bruggeman's claims against the prosecutor are obviously meritless and properly dismissed because the prosecutor is not seeking to exercise judicial or quasi-judicial power in participating in the sexual predator classification hearing. See, e.g., R.C. 2950.09(C); State ex rel. Gray v. Leis (1980), 62 Ohio St.2d 102, 16 O.O.3d 106, 403 N.E.2d 977; State ex rel. Jefferys v. Watkins (1994), 92 Ohio App.3d 809, 811, 637 N.E.2d 345, 347. In other words, the prosecutor is not exercising or about to exercise any power to hear and determine controversies that require a hearing resembling a judicial trial. State ex rel. Youngstown v. Mahoning Cty. Bd. of Elections (1995), 72 Ohio St.3d 69, 71, 647 N.E.2d 769, 771.

Further, Bruggeman's claim that Judge Ingraham lacks jurisdiction to conduct the R.C. 2950.09(C) sexual predator classification hearing because of that statute's alleged unconstitutionality is not cognizable in prohibition. "`[T]he unconstitutionality of a statute does not deprive a court of the initial jurisdiction to proceed according to its terms. Appellant has other remedies in the ordinary course of the law and by way of appeal.'" Christensen v. Bd. of Commrs. on Grievances & Discipline (1991), 61 Ohio St.3d 534, 537, 575 N.E.2d 790, 792, quoting State ex rel. Crebs v. Wayne Cty. Court of Common Pleas (1974), 38 Ohio St.2d 51, 52, 67 O.O.2d 61, 61, 309 N.E.2d 926, 927.

Bruggeman asserts in his remaining prohibition claim that Judge Ingraham patently and unambiguously lacks jurisdiction to proceed with the sexual predator classification hearing because the ODRC has not recommended that Bruggeman be classified as a sexual predator, as required by R.C. 2950.09(C). If an inferior court patently and unambiguously lacks jurisdiction over the cause, prohibition will lie to prevent the future unauthorized exercise of jurisdiction and to correct the results of previous jurisdictionally unauthorized actions. State ex rel. Jackson v. Miller (1998), 83 Ohio St.3d 541, 542, 700 N.E.2d 1273, 1275.

Under R.C. 2950.09(C), the sexual predator classification hearing for offenders convicted of a sexually oriented offense,¹ sentenced prior to January 1, 1997, and still serving a term of imprisonment in a state correctional institution, may occur only after the ODRC recommends that the offender be adjudicated a sexual predator. See R.C. 2950.09(C)(1) and (2).²

Nevertheless, Judge Ingraham can determine at the scheduled hearing whether the statutory prerequisite of an ODRC recommendation has been met, and it is premature to presume that he will proceed unlawfully. Therefore, Judge Ingraham does not patently and unambiguously lack jurisdiction so to proceed, and Bruggeman has an adequate remedy by appeal to contest any subsequent adverse judgment.

Based on the foregoing, Bruggeman's claims are meritless, and the court of appeals properly dismissed them. Accordingly, the judgment of the court of appeals is affirmed.

Judgment affirmed.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER and LUNDBERG STRATTON, JJ., concur.

COOK, J., concurs in part and dissents in part. COOK, J., concurring in part and dissenting in part.

I concur in the judgment and opinion of the majority affirming the dismissal of Bruggeman's prohibition claims against the prosecuting attorney and Bruggeman's claim against Judge Ingraham concerning the alleged unconstitutionality of R.C. 2950.09. I respectfully dissent, however, from that portion of the judgment affirming the dismissal of Bruggeman's remaining prohibition claim that Judge Ingraham lacks jurisdiction to proceed with the R.C. 2950.09(C) sexual predator classification hearing.

As the majority concedes, under R.C. 2950.09(C), the sexual predator classification hearing for offenders convicted of a sexually oriented offense who have been sentenced before January 1, 1997 and are still serving a term of imprisonment in a state prison may occur only after the ODRC recommends that the offender be adjudicated a sexual predator. See R.C. 2950.09(C)(1) and (2). Bruggeman specifically alleged in his complaint that Judge Ingraham had scheduled a sexual predator classification hearing despite the absence of an ODRC recommendation.

The majority erroneously concludes that Bruggeman's claim is premature, and that Judge Ingraham can decide this jurisdictional issue at the classification hearing. As we have consistently held, "`when a tribunal patently and unambiguously lacks jurisdiction to consider a matter, a writ of prohibition will issue to prevent assumption of jurisdiction regardless...