State v. Sluyter

• Decision Date: 27 March 2009
• Docket Number: No. 07-0087.,07-0087.
• Citation: 763 N.W.2d 575
• Parties: STATE of Iowa, Defendant, v. Michael Allen SLUYTER, Plaintiff.
• Court: Iowa Supreme Court

763 N.W.2d 575

STATE of Iowa, Defendant, v. Michael Allen SLUYTER, Plaintiff.

No. 07-0087.

Supreme Court of Iowa.

March 27, 2009.

Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant State Appellate Defender, for plaintiff.

Thomas J. Miller, Attorney General, Thomas W. Andrews, Assistant Attorney General, and Clinton L. Spurrier, County Attorney, for defendant.

TERNUS, Justice.

In this original certiorari proceeding,¹ the plaintiff, Michael Sluyter, challenges the district court's use of contempt procedures to collect a cost judgment entered against him after he was acquitted of crimes at trial. Sluyter claims this judgment, representing the attorney fees for his court — appointed counsel and associated costs of his defense, is a civil liability that must be enforced through civil debt — collection procedures. He also claims the court's use of contempt powers to enforce this judgment is illegal and violates the constitutional prohibition of imprisonment for civil debts. The State asserts the court has statutory authority to use contempt to enforce its order imposing defense expenses on an acquitted defendant. The State also maintains the use of contempt, including the ultimate sanction of imprisonment, does not violate the Iowa Constitution. In addition, the State contends Sluyter's claim is not ripe because he has not yet been arrested and jailed for contempt.

We conclude Sluyter's claim is ripe and that the legislature has not authorized the use of contempt procedures against acquitted defendants to collect a judgment for the cost of legal assistance provided to such defendants. This decision makes it unnecessary to address the constitutional issue. We sustain the writ and remand this case to the district court for dismissal of the contempt proceedings.

I. Background Facts and Proceedings.

Sluyter was charged with various crimes in February 2005 and, pursuant to Iowa Code section 815.9, was appointed counsel based upon his indigent status. See Iowa Code § 815.9(1) (2005)² (providing for the appointment of counsel for indigent defendants). One of the charges against Sluyter was dismissed before trial, and he was acquitted of the remaining charges in a February 2006 jury trial. Immediately after trial, the district court issued an order taxing Sluyter with court-appointed attorney fees and associated costs as required by Iowa Code section 815.9(3), (4).

The day after Sluyter's trial, the court issued a show-cause order to monitor Sluyter's payment of the judgment. From February 2006 to August 2006, the trial court issued several additional show-cause orders to check on Sluyter's payment of the fees and costs. With each show-cause order, the court stated that a warrant would issue for Sluyter's arrest should he fail to appear at the scheduled hearing. Sluyter was not personally served with any of these orders, and although his attorney attended some of the hearings, Sluyter did not.

In August 2006, the district court issued an order requiring Sluyter to pay the cost of his legal assistance in installments of $200 a month and to execute a wage assignment with the clerk of court. See Iowa Code § 815.9(4), (7), (8).³ In response to this order, Sluyter's trial counsel filed a motion requesting clarification of Sluyter's obligations. In this motion, counsel maintained that Sluyter was liable for defense costs only, not restitution or prosecution costs. In addition, counsel asserted that, if fees and costs are not paid, a judgment should be entered, which would be enforced through execution, not contempt. See id. § 815.9(9) ("If any costs and fees are not paid at the times specified under subsections 4 and 5, a judgment shall be entered against the person for any unpaid amounts."). Defense counsel further asserted that using contempt to enforce the judgment is prohibited by article I, section 19 of the Iowa Constitution. See Iowa Const. art. I, § 19 ("No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud."). Counsel requested that the court (1) specify the amount of the costs Sluyter was obligated to pay, (2) vacate all prior orders regarding installment payments and wage garnishments, and (3) enter judgment against Sluyter for the amount due. In its response, the State argued the court could enforce its fees-and-costs order through contempt powers because Iowa Code section 815.9 does not specifically preclude use of contempt to enforce orders taxing costs in criminal cases and because Iowa Code section 665.2(3) specifically authorizes use of contempt when there is an illegal resistance to a court order. See Iowa Code § 665.2(3) (listing acts constituting contempt, including an "[i]llegal resistance to any order or process made or issued by [the court]").

The trial court issued an order, "amend[ing] the judgment previously entered against [Sluyter] to show the specific amount of $7,513.52." The court rejected Sluyter's argument it could not use its power of contempt to enforce payment of Sluyter's court-ordered obligations. Nonetheless, because Sluyter had not been personally served with the prior show-cause orders, the court vacated all prior contempt proceedings. The court then set a hearing to determine the amount of reasonable installments for payment of the judgment and ordered that Sluyter be personally served with the order.

Prior to the hearing, Sluyter's counsel filed a motion in which he again challenged the trial court's use of contempt procedures by way of show-cause orders. In response, the court ruled it had authority to use contempt pursuant to Iowa Code section 909.5, which provides "[a] person who is able to pay ... court — imposed court costs for a criminal proceeding ... and who refuses to do so, or who fails to make a good faith effort to pay the ... court costs ... shall be held in contempt of court." Id. § 909.5.

Subsequently, the court issued an order finding Sluyter was employed, that an income-withholding order should be entered, and that Sluyter should be required to pay $50 a month toward his court-ordered obligations. The court set a show-cause hearing for January 8, 2007, ordering Sluyter to appear or a warrant would issue for his arrest. Sluyter was not personally served with the order.

Sluyter did not appear at the January 8 show-cause hearing. The trial court noted that Sluyter had made minimal payments to the judgment, but $8251.82 was still outstanding. The court set another show-cause hearing for February 5, ordering that Sluyter pay $50 per month on the obligation. The trial court specified that a warrant for arrest would issue should Sluyter fail to appear. Sluyter was not personally served with the order.

Meanwhile, Sluyter's counsel initiated this original certiorari proceeding. At the scheduled hearing, counsel informed the trial court that review had been sought. Thereafter, the district court issued an order providing that Sluyter's filing of a certiorari petition in the supreme court did not negate the district court's authority to pursue contempt proceedings for enforcement of its judgment for fees and costs. The court set another hearing and again ordered Sluyter to personally appear or a warrant for his arrest would issue. Sluyter did not appear at the scheduled hearing, and the district court ordered that he be arrested.

Before this court, Sluyter raises two issues: (1) the district court was not authorized to use contempt proceedings to collect a judgment entered pursuant to Iowa Code section 815.9 against an acquitted defendant; and (2) use of the court's contempt power to collect this judgment violated article I, section 19 of the Iowa Constitution. In addition to rebutting these arguments, the State contends these issues are not ripe.

II. Scope of Review.

We review the district court's interpretation of a statute for correction of errors at law. Iowa R.App. P. 6.907 (2009) (formerly Iowa R. Civ. P. 6.4); State v. Wade, 757 N.W.2d 618, 622 (Iowa 2008). We review challenges to the constitutionality of a statute de novo. Wade, 757 N.W.2d at 622.

III. Ripeness.

As noted earlier, the State claims this case is not ripe because Sluyter has not been arrested or put in jail for failing to pay the judgment for court-appointed attorney fees. A case is ripe for adjudication when it presents an actual, present controversy, as opposed to one that is merely hypothetical or speculative.⁴ Stream v. Gordy, 716 N.W.2d 187, 193 (Iowa 2006); Wickey v. Muscatine County, 242 Iowa 272, 286-87, 46 N.W.2d 32, 39-40 (1951). Sluyter claims the district court has no authority to use its contempt powers to enforce the cost judgment; the State claims the court has such authority. There is nothing speculative or hypothetical about this controversy because the district court has already issued several show-cause orders under its contempt power to monitor Sluyter's payment of the judgment. Therefore, an actual, present controversy exists with respect to the legality of the court's actions.

Sluyter also claims imprisonment for a failure to pay the cost judgment violates the debtor clause of the Iowa Constitution. At this point in the proceedings, Sluyter has not yet been held in contempt, much less jailed. Thus, the State asserts, any decision by this court would be premature. The ripeness requirement may be satisfied by a "direct threat of personal detriment." Doe v. Bolton, 410 U.S. 179, 188, 93 S.Ct. 739, 745, 35 L.Ed.2d 201, 210 (1973); accord Epperson v. Arkansas, 393 U.S. 97, 102, 89 S.Ct. 266, 269, 21 L.Ed.2d 228, 233 (1968). Proof that a litigant faces a threat of imprisonment establishes a direct threat of personal detriment. See Babbitt v. United Farm Workers Nat'l Union, 442 U.S. 289, 298, 99 S.Ct. 2301, 2309, 60 L.Ed.2d 895, 906 (1979) (holding person need not "`first expose himself to actual arrest or prosecution'" to challenge the constitutionality of a criminal statute so long as...