State ex rel. Joslyn v. City Court of Choteau, 82-11

• Decision Date: 13 May 1982
• Docket Number: No. 82-11,82-11
• Citation: 198 Mont. 223,645 P.2d 428,39 St.Rep. 884
• Parties: STATE ex rel., Charles M. JOSLYN, Plaintiff and Respondent, v. CITY COURT OF CHOTEAU and City Judge, John Albrecht, Defendant and Appellant.
• Court: Montana Supreme Court

Page 428

645 P.2d 428

198 Mont. 223

STATE ex rel., Charles M. JOSLYN, Plaintiff and Respondent, v. CITY COURT OF CHOTEAU and City Judge, John Albrecht,

Defendant and Appellant.

No. 82-11.

Supreme Court of Montana.

Submitted on Briefs March 11, 1982.

Decided May 13, 1982.

Murphy & Curtis, Choteau, for defendant and appellant.

Charles M. Joslyn, Choteau, for plaintiff and respondent.

WEBER, Justice.

The City Court of Choteau (Choteau) appeals from an order of the District Court, Ninth Judicial District, Teton County, granting a writ of supervisory control ordering Choteau City Judge John Albrecht to refrain from presiding over any further proceedings in regard to dog licensing citations issued to Charles M. Joslyn (Joslyn).

Choteau raises the following issues for review:

(1) Whether District Courts have power of supervisory control over city courts.

(2) Whether a writ of prohibition is proper when a trial de novo on appeal is available in District Court.

(3) Whether a defendant in city court can disqualify a city court judge by filing an affidavit of bias and prejudice.

We vacate the order.

Over a period of several months, Joslyn was issued seven citations for keeping unlicensed dogs on his premises in violation of a Choteau city ordinance. On September 17, 1981, Joslyn submitted an affidavit of disqualification of the city judge in relation to the first citation which was issued. Joslyn then filed a petition for a writ of prohibition directing Albrecht to refrain from any further proceedings with regard to the citation. The petition was later expanded to include five of the citations.

The District Court granted Joslyn a writ of supervisory control which prohibited Albrecht from "presiding over any further procedures in any matters now pending in the city court, Choteau, Teton County, Montana, involving the petitioner, Joslyn."

The first issue is whether District Courts have the power of supervisory control over city courts. In State ex rel. Ward v. Schmall (1980), Mont., 617 P.2d 140, 37 St.Rep. 1720, the District Court granted a writ of supervisory control which instructed a justice of the peace to stay criminal proceedings against the relator. In returning the cause to the justice of the peace for proceedings on the merits, this Court stated that "(a)bsent a constitutional provision or statute bestowing upon the District Courts the authority to grant writs of supervisory control over Justice of the Peace Courts we are obligated to infer that District Courts do not have such power." Ward, 617 P.2d at 141, 37 St.Rep. at 1721-1722. There is likewise no constitutional or statutory provision granting District Courts supervisory control over city courts. The Ward rationale thus applies here. The District Court acted outside its jurisdiction in granting a writ of supervisory control.

The second issue is whether an issuance of a writ of prohibition by the District Court would have been proper. Although Joslyn received a writ of supervisory control, he had requested a writ of prohibition.

Section 27-27-101, MCA, provides:

"The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation board, or person, whether exercising functions judicial or ministerial, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person."

Section 27-27-102, MCA, provides:

"The same may be issued by the supreme court or the district court or any district judge to any inferior tribunal or to a corporation,...