State ex rel. Hamilton v. Snodgrass

Decision Date27 October 1982
Docket NumberNo. 66493,66493
Citation325 N.W.2d 740
PartiesSTATE of Iowa ex rel. Terry Ann HAMILTON, Appellee, v. Michael Eugene SNODGRASS, Appellant.
CourtIowa Supreme Court

Robert F. Heimer, Davenport, for appellant.

Thomas J. Miller, Atty. Gen., John R. Martin, Asst. Atty. Gen., and G. Wylie Pillers, III, Clinton County Atty., for appellee.

Considered en banc.

HARRIS, Justice.

Does an indigent paternity defendant have a constitutional right to counsel at public expense? The trial court held he does not and we agree.

These proceedings were initiated by the State under the uniform support of dependents law. Iowa Code ch. 262A (1979). The relator alleged defendant was the father of her daughter and should be required to support the child during minority and to reimburse the state for support received under the aid to dependent children program (ADC). By mandate of a federal statute the state must commence paternity proceedings against a putative father whenever a mother applies for ADC and it is determined the father has abandoned the mother and child. 42 U.S.C. § 654(4) (1976 & Supp. III). Any support payments imposed in the proceeding are assigned by the mother to the state so long as she receives ADC support. § 252A.13. Thus the state would at present receive any support payments required of the defendant and can be said to have initiated these proceedings.

Defendant appeared pro se and filed an answer denying the allegations in the petition. He obtained the assistance of Attorney Robert F. Heimer for the limited purpose of obtaining counsel at public expense to represent him further. He asserted the right to counsel arises under the federal and state constitutions. The request for appointment of counsel alleged defendant was indigent within the meaning of Iowa Code section 336A.4 and was unable to retain counsel without threatening his ability to provide economic necessities for his family.

In denying the defendant's motion for appointment of counsel the trial court made no finding regarding defendant's indigency. It simply found this is a civil proceeding and that section 336A.4, defining indigency, "applies to criminal actions only." For purposes of reviewing the trial court holding we assume, without deciding, that defendant is indigent.

I. Because the proceeding is and must be brought to recoup funds for the State it is a "state action" for purposes of the due process clause. U.S. Const.amend. V; Iowa Const. art. I, § 9. Snodgrass must be afforded due process.

Defendant's due process contention arises from principles enunciated in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972). If an individual is threatened with State action which will deprive him of life, liberty or property, he is entitled to due process. What process is due depends upon the nature of the government function and individual interest involved.

State v. Grimme, 274 N.W.2d 331, 336 (Iowa 1979).

Due process calls for "a meaningful opportunity to be heard." Boddie v. Connecticut, 401 U.S. 371, 377, 91 S.Ct. 780, 785, 28 L.Ed.2d 113, 118 (1971); Auxier v. Woodward State Hosp.--Sch., 266 N.W.2d 139, 142-43 (Iowa 1978).

The trial court was wrong in rejecting Snodgrass's application on the basis of a distinction between civil and criminal proceedings. Some proceedings which are called civil require appointment of counsel so it is not a question of labeling the action criminal or civil. The right to counsel has more to do with a person's stake in the proceeding and the practical effect of the outcome. Lassiter v. Dept. of Social Services, 452 U.S. 18, 24, 101 S.Ct. 2153, 2158, 68 L.Ed.2d 640, 648-49 (1981).

Lassiter is helpful here for what it explains and is controlling for what it rejects. Due process, it points out, "has never been, and perhaps can never be, precisely defined." 452 U.S. at 24, 101 S.Ct. at 2158, 68 L.Ed.2d at 648. Fundamental fairness is a part of the requirement and the requirement varies according to the interests at stake. Id. The court stated: "The preeminent generalization that emerges from this court's precedents on an indigent's right to appointed counsel is that such a right has been recognized to exist only where the litigant may lose his physical liberty if he loses the litigation." Id. (Emphasis added.) Fundamental fairness presumes that an indigent's right to appointed counsel arises "only when, if he loses, he may be deprived of his physical liberty. It is against this presumption that all the other elements in the due process decision must be measured." Id. at 27, 101 S.Ct. at 2159, 68 L.Ed.2d at 649.

In considering an indigent's claim of the right to appointed counsel, the court balances the Eldridge factors, three elements originally defined in Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18, 33 (1976). It then "set[s] their net weight in the scales against the presumption that there is a right to appointed counsel only where the indigent, if he is unsuccessful, may lose his personal freedom." Id. at 27, 101 S.Ct. at 2159, 68 L.Ed.2d at 649. The three Eldridge factors are: (1) the private interests at stake, (2) the governmental interest, and (3) the risk that the procedures used will lead to an erroneous decision and the probable value, if any, of additional safeguards.

Lassiter was a proceeding to terminate a parental relationship. The court determined that the net weight of the Eldridge factors would not in every termination proceeding overcome the presumption that no right to counsel exists unless one's physical liberty is threatened. Due process determinations were left to a case by case approach. Id. at 32, 101 S.Ct. at 2162, 68 L.Ed.2d at 652.

II. Snodgrass's interest in the proceedings are substantial but, we think, less than those of a parent in a termination proceeding. Although he claims otherwise his liberty is not immediately involved. He argues that one ramification of a finding of paternity would be possible incarceration in a later contempt proceeding for failure to make support payments. Iowa Code § 252A.3(1) (1981). It is true that the finding of paternity in these proceedings would be binding in any subsequent contempt proceeding involving the question. If Snodgrass willfully fails to make ordered support payments he is subject to civil contempt and incarceration may result. § 252A.6(13). In such a contempt hearing, of course, Snodgrass is entitled to counsel. We have recognized a right to counsel in a hearing that might directly result in incarceration. McNabb v. Osmundson, 315 N.W.2d 9, 14 (Iowa 1982).

Nevertheless it is only when Snodgrass would willfully ignore a court order that he would become threatened with a finding of contempt and a potential loss of liberty. Snodgrass's interest here does not differ significantly from that of an indigent defendant in a myriad of other civil proceedings. For example, the willful failure or refusal to make child support or alimony payments could lead to a contempt proceeding. The violation of an injunction often results in a finding of contempt. A requirement of appointed counsel in paternity proceedings would inevitably lead to a requirement of appointed counsel for indigent defendants in other actions which might one day form the basis of a contempt proceeding. A paternity finding seems constitutionally indistinguishable from a vast array of court orders the violation of which might subject one to contempt.

III. The interests of the State are roughly the same in paternity actions and termination proceedings. The cost to the State would be vast. McNabb, 315 N.W.2d at 17. The imposition of such a financial burden is best left for legislative determination. See McNabb, separate opinion at 17-18.

The legislature might or might not wish to provide the services. Several states have adopted the uniform parentage act and provided counsel for indigent paternity defendants. Section 19(a) of that act provides that "the court shall appoint counsel for a party who is financially unable to obtain counsel." See Hawaii Rev.Stat. § 584-19 (1976); Minn.Stat.Annot. § 257-69(1) (West Supp.1982); Mont.Code Ann. § 40-6-119 (1981); N.D.Cent.Code § 14-17-18 (1981); Wyo.Stat. § 14-2-116 (1977). While these states have adopted section 19(a) of the uniform parentage act it is significant that three other states in adopting the act have excluded section 19(a) as a part of their state law. See Cal.Civ.Code §§ 7000-7018 (West 1981); Colo.Rev.Stat. §§ 19-6-101 to 19-6-129 (1981); Wash.Rev.Code Ann. §§ 26-26.010 to 26.26.905; 74.20.350 (1981). In light of this divergent legislative opinion appointed counsel should not be judicially required.

IV. We next weigh whether the absence of counsel in a paternity action might result in erroneous determinations. In other words, would the presence of counsel make paternity proceeding determinations more reliable? The question in a paternity suit is really one of biology. In former times disputed claims of paternity were necessarily determined mainly from the examination and cross-examination of witnesses. Thanks to scientific developments the accuracy of blood tests has dramatically improved. We have noted that the accuracy of the tests is thought to approach mathematical certainty. See State ex rel. Buechler v. Vinsand, 318 N.W.2d 208, 210-11 (Iowa 1982). Indeed the accuracy of the tests is such that an indigent defendant has a due process right to blood tests at public expense. Little v. Streater, 452 U.S. 1, 14, 101 S.Ct. 2202, 2209, 68 L.Ed.2d 627, 637 (1981).

To accord a putative father a lawyer at public expense may be of some advantage in attempting to escape the test but it has less to do than it did in times past with improving the reliability of a paternity determination. The risk of error in a paternity action is not affected in an unusual degree by the presence or absence of counsel.

In any event the opportunity for an...

To continue reading

Request your trial
14 cases
  • Thompto v. Coborn's Inc.
    • United States
    • U.S. District Court — Northern District of Iowa
    • November 23, 1994
    ...that contempt citation may result in jail term, citing McNabb v. Osmundson, 315 N.W.2d 9, 11-14 (Iowa 1982)); State ex rel. Hamilton v. Snodgrass, 325 N.W.2d 740, 742 (Iowa 1982) (right to counsel in paternity action, listing factors applicable to determination of whether indigent has a rig......
  • State v. Senn
    • United States
    • United States State Supreme Court of Iowa
    • June 24, 2016
    ...the appointment of counsel for indigent persons in contexts other than criminal prosecutions. See State ex rel. Hamilton v. Snodgrass, 325 N.W.2d 740, 742 (Iowa 1982) ; McNabb v. Osmundson, 315 N.W.2d 9, 14 (Iowa 1982) ; see also Turner v. Rogers, 564 U.S. 431, 444–45, 131 S.Ct. 2507, 2517–......
  • Callender v. Skiles
    • United States
    • United States State Supreme Court of Iowa
    • February 17, 1999
    ...is threatened by state action which will deprive the individual of a protected liberty or property interest. State ex rel. Hamilton v. Snodgrass, 325 N.W.2d 740, 745 (Iowa 1982). We must therefore first determine whether a protected liberty interest is involved. See Michael H., 491 U.S. at ......
  • Lavertue v. Niman
    • United States
    • Supreme Court of Connecticut
    • June 4, 1985
    ...813 (1983), cert. denied, --- U.S. ----, 104 S.Ct. 1912, 80 L.Ed.2d 461 (1984); Corra v. Coll, supra; but see State ex rel. Hamilton v. Snodgrass, 325 N.W.2d 740 (Iowa 1982); as well as with a number of decisions before those cases were handed down. See, e.g., Reynolds v. Kimmons, 569 P.2d ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT