State ex rel. Maslan v. Pierce, 24729.

• Decision Date: 22 December 1933
• Docket Number: 24729.
• Citation: 175 Wash. 676,28 P.2d 109
• Court: Washington Supreme Court
• Parties: STATE ex rel. MASLAN v. PIERCE, Justice of the Peace.

28 P.2d 109

175 Wash. 676

STATE ex rel. MASLAN v. PIERCE, Justice of the Peace.

No. 24729.

Supreme Court of Washington

December 22, 1933

Department 1.

Appeal from Superior Court, King County; J. T. Ronald, Judge.

Application by Ben A. Maslan for a writ of prohibition against Clarence W. Pierce, as justice of the peace for Morningside Precinct King County. Writ granted, and Clarence W. Pierce appeals.

Affirmed.

H. E Foster, of Seattle, for appellant.

Robert M. Burgunder and Ben A. Maslan, both of Seattle, for respondent.

MILLARD Justice.

The petition of Ben A. Maslan, deputy prosecuting attorney for King county, to the superior court for King county, for a writ of prohibition to prevent Clarence W. Pierce, a justice of the peace for Morningside precinct, King county, from holding the petitioner in contempt of court, was granted. The justice of the peace has appealed.

On or about 7:30 p. m., May 3, 1933, one Max Sidell was, by Clarence W. Pierce as justice of the peace for Morningside precinct, King county, adjudged guilty of violating the traffic law. The defendant was sentenced to pay a fine of $15, or, in default thereof, to serve such sentence in the county jail at the rate of $3 per day. Sidell immediately gave oral notice of appeal to the superior court, and his appeal bond was fixed by the justice of the peace at $15 in cash or a surety bond in the amount of $25. The justice of the peace issued, and delivered to the sheriff, process entitled 'Commitment upon Sentence.' The commitment was received about midnight, in the absence of the sheriff by the sheriff's deputies. On the advice of Ben A Maslan, deputy prosecuting attorney for King county, the sheriff's deputies took Sidell into custody and duly booked and listed him as an inmate of the jail, placing in the records his weight, height, and description in the same manner as is done in cases of all prisoners. Upon advice of Maslan, the sheriff paroled the prisoner to the custody of Maslan until he should post an appeal bond, which was furnished within two days thereafter.

Upon the affidavit of Constable E. L. Holmes charging the sheriff and Maslan with contempt of court 'by resistance and disobedience to a lawful order or process made and issued by the said Clarence W. Pierce while engaged as a Justice of the Peace in a judicial capacity,' warrants were issued by the justice of the peace for the arrest of the sheriff and Maslan, who were ordered to show cause why they should not be convicted of contempt. Upon Maslan's petition therefor, on the ground, among others, 'that such contempt proceedings are without and in excess of the jurisdiction of said justice of the peace,' the superior court for King county granted a writ of prohibition to prevent the justice of the peace from holding the petitioner in contempt of court.

Respondent contends that the appeal of Sidell divested the justice's court of jurisdiction and that, if the release of the prisoner constituted contempt, it was contempt of the superior court which alone has jurisdiction after the prisoner's appeal has divested the justice's court of jurisdiction.

If the appellant, as justice of the peace, did not have jurisdiction to punish the sheriff and/or deputy prosecuting attorney for contempt for the releasing of the prisoner on parole or on his own recognizance after the prisoner had been placed in the custody of the sheriff and duly listed as an inmate of the jail, the writ of prohibition should have been granted.

'As to the jurisdiction of the trial court to grant a writ of prohibition in case an inferior tribunal is without jurisdiction, that has been well settled in State ex rel. Egbert v. Superior Court, 9 Wash. 369, 37 P. 489; State ex rel. Martin v. Superior Court, 101 Wash. 81, 172 P. 257, 4 A. L. R. 572; State ex rel. Maurer v. Superior Court, 122 Wash. 555, 211 P. 764. Hence, if respondent had no jurisdiction as such police judge to punish for contempt, a writ of prohibition should have been granted. If he had such jurisdiction it should be denied.' State ex rel. Dysart v. Cameron, 140 Wash. 101, 248 P. 408, 54 A. L. R. 311.

After an appeal has been properly perfected by taking the steps required by the statute, the jurisdiction of the justice of the peace ceases and that of the appellate court attaches. The justice loses authority to thereafter take further action, except...