State v. Umezulike
| Decision Date | 09 April 2003 |
| Docket Number | No. 02-1165.,02-1165. |
| Citation | 843 So.2d 614 |
| Parties | STATE of Louisiana v. Ifiany Obrinna UMEZULIKE. |
| Court | Court of Appeal of Louisiana — District of US |
Lester J. Gauthier, Jr., Lafayette, LA, for Defendant/Applicant, Ifiany Obrinna Umezulike.
Michael Harson, District Attorney, Lafayette, LA, Janet M. Menard, New Iberia, LA, for Plaintiff/Respondent, State of Louisiana.
Court composed of NED E. DOUCET, JR., C.J., ULYSSES GENE THIBODEAUX, and ELIZABETH A. PICKETT, Judges.
The Defendant, Ifiany O. Umezulike, challenges the constitutionality of La.R.S. 13:716(B)(1), which authorizes the commissioner of the Fifteenth Judicial District to sign search warrants. He entreats us to reverse the trial court's denial of his motion to suppress and exclude the admission of evidence seized pursuant to the search warrant.
On January 28, 2000, Commissioner Diana Simon of the Fifteenth Judicial District issued a search warrant for the vehicle and home of the Defendant. Subsequently, on October 5, 2000, a bill of information was signed, charging the Defendant with the offenses of possession of marijuana and possession of drug paraphernalia, both misdemeanors. The Defendant's motion to suppress challenged the constitutional propriety of a court-appointed commissioner issuing a search warrant. The claim was fully litigated at an evidentiary hearing. The trial court denied Mr. Umezulike's motion to suppress.
We reverse and grant the Defendant's writ application. We conclude that La. R.S. 13:716(B)(1) is unconstitutional.
Louisiana Revised Statutes 13:716 states, in pertinent part:
A. The commissioner of the Fifteenth Judicial District Court shall perform such duties as are assigned by the chief judge of the district in accordance with rules which shall be prescribed by the elected judges of the court, not inconsistent herewith or with the constitution and laws of the state.
B. (1) The commissioner shall have all powers of a district judge not inconsistent with the constitution and laws of the state of Louisiana and the United States, including but not limited to the power to administer oaths and affirmations, take acknowledgments, affidavits, and depositions, sign orders, act in felony and misdemeanor charges, hear preliminary motions, accept pleas in misdemeanor cases including misdemeanor cases preliminary to trial on the merits, conduct trials of misdemeanor cases, fix bail, and sign and issue search and arrest warrants upon probable cause being shown and in accordance with Paragraph (2) of this Subsection.
(2) In felony cases, the commissioner shall not try and adjudicate preliminary hearings, motions for discovery, motions to suppress, motions to quash, and trials on the merits. The commissioner may be designated and assigned to hear and determine any felony pretrial matter pending before the court, not inconsistent with the provisions of this Paragraph. The commissioner shall not adjudicate felony cases.
(3) In misdemeanor cases, the commissioner may be designated to hear, determine, and adjudicate any matter pending before the court.
(Emphasis added.)
At the hearing, the Defendant presented no witnesses. Instead, he introduced a transcript of the testimony of Judge Herman Charles Clause taken at a previous hearing on a motion to recuse on June 28, 2001. Judge Clause's testimony revealed that he previously served as the first commissioner for the Fifteenth Judicial District Court from 1984 to 1996. He explained that the judges recommended that the commissioner post be created by the legislature in order to reduce their workload. The judges wanted to improve court efficiency by having the commissioner handle as many minor matters as possible so that the judges could devote more time to jury trials. Judge Clause acknowledged that in 1984 the judges discussed the possible constitutional problems with delegating judicial authority to a commissioner who was appointed, not elected.
The Defendant argues that the legislature does not have the constitutional authority to grant "judicial power" at the trial level to any officer other than district judges. The commissioner is granted authority by statute, but only to the extent that the delegated powers of a district judge are not inconsistent with the constitution and laws of the State of Louisiana. See La.R.S. 13:716(A).
La. Const. art. 5, § 1 provides: "The judicial power is vested in a supreme court, courts of appeal, district courts, and other courts authorized by this Article." La. Const. art. 5, § 22(A) provides: La. Const. art. 5, § 16(A) states:
(1) Except as otherwise authorized by this constitution or except as heretofore or hereafter provided by law for administrative agency determinations in worker's compensation matters, a district court shall have original jurisdiction of all civil and criminal matters. (2) It shall have exclusive original jurisdiction of felony cases and of cases involving title to immovable property, except as provided in (3) below; the right to office or other public position; civil or political right; probate and succession matters; except for administrative agency determination provided for in (1) above, the state, a political corporation, or political subdivisions, or a succession, as a defendant; and the appointment of receivers or liquidators for corporations or partnerships. (3) The legislature may provide by law that a family court has jurisdiction of cases involving title to movable and immovable property when those cases relate to the partition of community property and the settlement of claims arising from matrimonial regimes when such action arises as a result of divorce or annulment of marriage. (Emphasis added).
The statutes regarding the issuance of search warrants provide that a judge may issue the warrant. La.Code Crim.P. art. 161 provides, in pertinent part, that: "A judge may issue a warrant authorizing the search for and seizure of any thing within the territorial jurisdiction of the court . . . ." (Emphasis added). La.Code Crim.P. art. 162 provides, in pertinent part, that: "A search warrant may issue only upon probable cause established to the satisfaction of the judge, by the affidavit of a credible person, reciting facts establishing the cause for issuance of the warrant." (Emphasis added).
State v. O'Reilly, 00-2864, 00-2865 (La.5/15/01); 785 So.2d 768, held that although the statute authorizing a commissioner to conduct misdemeanor trials was unconstitutional, the commissioner was a de facto officer whose acts were valid until the unconstitutionality of the statute was established. The commissioner was granted power as follows:
La.R.S. 13:719 created the office of commissioner for the Twenty—Second Judicial District Court. The statute provides that the commissioner "shall be selected" by the judges of the Twenty Second Judicial District and shall serve at the pleasure of that court. Section 719 gives the commissioner jurisdiction over criminal matters and provides that such jurisdiction shall be concurrent with that of the judges of the Twenty Second Judicial District. The statute also provides the commissioner shall have all the powers of a judge of a district court that are not inconsistent with the constitution and laws of the state. Additionally, La.R.S. 13:719(E)(2) provides that the powers of the commissioner may include but shall not be limited to the power to:
(a) Administer oaths and affirmations.
(b) Take acknowledgments, affidavits, and depositions.
(c) Act on felony charges through arraignment; however, the commissioner shall not accept pleas of guilty on or sign orders disposing of felony charges.
(d) Hear preliminary motions.
(e) In misdemeanor cases, conduct trials, accept pleas, and impose sentence.
(f) Preside over jury trials in misdemeanor cases.
(g) Fix bail in all matters.
(h) Sign and issue search and arrest warrants in accordance with the general provisions of law, including the requirement of showing probable cause.
(i) Find and punish for contempt of court as a district court judge.
(j) Conduct extradition hearings.
(k) Supervise defendants sentenced under the provisions of the drug court in accordance with the policies set down by the judges of the Twenty—Second Judicial District Court.
In O'Reilly, the defendants specifically alleged that La.R.S. 13:719(E)(2)(e) was unconstitutional as the commissioner could not be delegated the judicial authority to accept a misdemeanor guilty plea, convict after a misdemeanor trial, or impose a sentence. In finding that portion of the statute unconstitutional, the court stated:
Our constitution provides that the judicial power of the state "is vested in a supreme court, courts of appeal, district courts, and other courts authorized by this Article." La. Const. art. V, § 1. Further, the constitution requires that all judges shall be elected except for appointments to fill temporary vacancies in offices. La. Const. art. V, § 22.
In Bordelon v. Louisiana Dep't of Corrections, 398 So.2d 1103 (La.1981), this court held that La.R.S. 13:711 (), which created the offices of two commissioners of the Nineteenth Judicial District Court, was not unconstitutional since its overall scheme clearly reserved all adjudicatory power to the district judge. The court found that under the version of La.R.S. 13:713(C) in force at the time, the commissioner's authority was limited to conducting hearings on motions and submitting proposed factual findings and recommendations for disposition to the district judge. Further, the court determined that the fundamental responsibility of the district judge to make the final decision, after the commissioner conducted a hearing and submitted proposed findings and recommendations, was...
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State v. Umezulike
...So.2d 768. The Court of Appeal, Third Circuit reversed, finding that La.Rev.Stat. 13:716(B)(1) was unconstitutional. 02-1165 (La.App. 3 Cir. 4/9/03), 843 So.2d 614. The State subsequently applied for and was granted writ of certiorari to this court. 03-1404 (La.9/5/03), 852 So.2d DISCUSSION......
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State v. Adams
...it was accepted by a judicial district commissioner, rather than a judge. Citing this court's opinion in State v. Umezulike, 02-1165 (La.App. 3 Cir. 4/9/03), 843 So.2d 614, he analogizes the receipt of a grand jury report and supervision of the grand jury to the function of issuing probable......