State v. Bessenecker

• Decision Date: 15 April 1987
• Docket Number: No. 87-04,87-04
• Citation: 404 N.W.2d 134
• Parties: STATE of Iowa, Appellee, v. Clair BESSENECKER, Appellant.
• Court: Iowa Supreme Court

Page 134

404 N.W.2d 134

STATE of Iowa, Appellee, v. Clair BESSENECKER, Appellant.

No. 87-04.

Supreme Court of Iowa.

April 15, 1987.

Chris Odell of Citizen Advocate Office, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., James Smith, Co. Atty., and Harlan Lemon, Asst. Co. Atty., for appellee.

Considered en banc.

SCHULTZ, Justice.

This appeal presents the question whether a prosecuting county attorney may use the criminal history data (rap sheets) of prospective jurors during the jury selection process. The district court held that this use of rap sheets was permissible under Iowa Code sections 692.2(1), (3) and 331.756 (1985). We reverse and remand.

The facts are essentially uncontroverted. Defendant Clair Bessenecker was charged with second-degree theft in violation of Iowa Code sections 714.1(1) and 714.2(2). Prior to trial, defendant challenged the county attorney's proposed use of rap sheets of all prospective jurors during the jury selection process. The following stipulations were entered into by the parties:

1. That the Polk County Attorney receives criminal history data on prospective jurors prior to the beginning of their jury terms.

2. That the compiled criminal history data is not limited to felony convictions, which would be a valid basis for challenge for cause under Iowa R.Crim.P. 17(5)(a).

3. That the Polk County Attorney's Office is a criminal justice agency within the meaning of Iowa Code Section 692.1(10).

4. That the Citizen Advocate Office (and other defense counsel) is not a "criminal justice agency" and is not authorized to receive criminal history data.

5. That each juror is required to complete a "juror information form" ... prior to the beginning of his term.

6. That the completed juror information forms are provided to both counsel for State and defense immediately prior to jury selection in each trial.

7. That use of the criminal history data is an optional, personal choice of each assistant county attorney for trial purposes.

8. That the criminal history data is used to eliminate jurors from the panel for potential bias against the State.

9. That the Citizen Advocate Office (and other defense counsel) is limited in jurors' criminal history data to the completed juror information form and voir dire in open court.

We accept this factual basis for our decision but note that the parties' stipulation does not limit our authority to interpret the law. See State v. Aumann, 236 N.W.2d 320, 322 (Iowa 1975) ("Stipulations as to the law do not settle for the court what the law is....").

Iowa Code chapter 692 provides regulations on the compilation, dissemination and redissemination of criminal history data. Such data includes arrest, conviction, disposition and correctional information. Iowa Code § 692.1(3). The disagreement of the parties is based upon their differing interpretations of Iowa Code section 692.2(3)(a), which restricts the dissemination of the rap sheet of an individual to instances in which "[t]he data is for official purposes in connection with prescribed duties...." It is conceded that the office of county attorney is a criminal justice agency entitled to obtain rap sheets. See Iowa Code § 692.2(1)(a). What is disputed is whether obtaining rap sheets on prospective jurors is within the statutory limitation of "official purposes in connection with the prescribed duties" of the county attorney.

The trial court concluded that the use of jurors' rap sheets for jury selection purposes falls within the county attorney's "prescribed duties" and does not violate defendant's constitutional rights. Attacking the trial court's construction of the statute, defendant urges that investigation of jurors' criminal backgrounds is not a prescribed duty within the meaning of the statute. He asserts that the use of such data "stands in stark contrast to the obvious intent of chapter 692." Defendant further claims that the court's construction of the statute violates defendant's constitutional rights to due process and equal protection. In addition to countering defendant's claims, the State challenges defendant's standing to assert the rights of the jurors.

I. Standing. Defendant has standing to contest the county attorney's use of criminal history data during jury selection. Any criminal defendant has an important personal stake in selecting a fair jury, and thus in obtaining relevant information about the jurors and seeking to be on an equal footing with the prosecution in that regard. See Elview Constr. Co. v. North Scott Community School Dist., 373 N.W.2d 138, 141 (Iowa 1985) (Standing is dependent upon a party having "a sufficient personal stake in the outcome of a controversy to insure that the dispute is presented in a concrete adversary context.").

II. Limitations on use of rap sheets. Defendant claims that the release of rap sheets of prospective jurors to the county attorney violates statutory authority and also defendant's constitutional rights. We address the statutory issue, as well as issues of fairness and judicial control that arise out of the constitutional claim.

A. Statutory limitations. Determining whether obtaining rap sheets for jury selection purposes is a "prescribed duty" of the county attorney requires an interpretation of section 692.2(3)(a). The correct interpretation of a statute is a question of law for the court to decide. American States Ins. Co. v. Estate of Tollari, 362 N.W.2d 519, 521 (Iowa 1985).

The words used in a statute should be given their ordinary meaning, absent a legislative definition or a particular and appropriate meaning in law. Good v. Iowa Civil Rights Comm'n, 368 N.W.2d 151, 155 (Iowa 1985). The ordinary and common meaning of the term "prescribe" indicates the laying down of an authoritative rule or direction. See Edelman v. State, 62 Wis.2d 613, 620, 215 N.W.2d 386, 389 (1974).

An examination of the statutory duties of the county attorney does not disclose an authoritative rule or direction to obtain rap sheets on prospective jurors. Iowa Code section 331.756 details eighty-five duties of a county attorney, but none specifies or requires that the county attorney investigate jurors or their criminal histories. On the other hand, the county attorney has the express duty to enforce violations of the law and to prosecute such violations in the name of the state. Id. § 331.756(1). Impliedly the county attorney has a duty to perform this function competently. Also, it is a recognized practice for an attorney to make investigations of prospective jurors so that challenges can be utilized intelligently. ¹ We believe that performing an implied duty or following a common practice does not rise to the level of complying with an authoritative rule or direction. Consequently, we must turn to other principles of construction to determine whether the county attorney is authorized to obtain and use this data.

In construing statutes we must give effect to the meaning intended by the legislature. In so doing we properly may consider the objects sought to be attained and the circumstances under which the statute was enacted. Office of Consumer Advocate v. Iowa State Commerce Comm'n, 376 N.W.2d 878, 881 (Iowa 1985). We seek a reasonable interpretation that will best effect the purpose of the statute and avoid an absurd result. In re N.H., 383 N.W.2d 570, 572 (Iowa 1986). When more than one statute is pertinent to the inquiry, we consider the statutes together in an attempt to harmonize them. Id.

In chapter 692 as a whole, the legislature has set a tone of caution against the dissemination of criminal history data except as specified. The legislature restricted the distribution of such data to an exclusive group of agencies and departments, and then provided for its release only under specified conditions. Iowa Code § 692.2. A recipient of such information is prohibited from redisseminating this information except under specified and detailed conditions. Id. § 692.3. Both a civil remedy and a criminal penalty are provided for violations of the rules of this chapter. Id. §§ 692.6-.7. The agency is charged with adopting rules designed to assure confidentiality in the exchange of criminal history data. Id. § 692.10. Special rules apply to information stored in computers. Id. § 692.12.

The overall tone of caution set by the legislature against the dissemination of criminal history data, except as carefully specified, indicates a legislative purpose of protection of the individual against unwarranted circulation of his or her rap sheet. The question remains whether the rap sheets of prospective jurors are meant to fall outside this wall of legislative protection.

Citizens are chosen at random and unless disqualified have a statutory duty to serve as jurors when selected. Iowa Code § 607.1. Jurors act as participants with the court in the adjudicatory process. The summons to jury duty does not cause them to be suspected of crimes nor have they applied for sensitive jobs requiring background checks. See Feeney v. Scott County, 290 N.W.2d 885, 889-90 (Iowa 1980) (no violation of chapter 692 where sheriff obtained police intelligence data on job applicant pursuant to statutory duty to investigate applicants).

While a county attorney obviously has an interest in learning something of the backgrounds of prospective jurors, it would be unfair to allow the county attorney unfettered discretion to obtain rap sheets, which may contain unproved charges, on each prospective juror. In determining legislative intent, we assume the legislature considered and intended fairness. The legislature also was obviously concerned about the security of criminal data. While we do not mean to suggest that the attorneys involved would improperly disclose confidential information to others, the possibility of inadvertent disclosure increases with the number of persons who obtain the information for legitimate purposes....