Telford v. Nye

• Decision Date: 23 April 2013
• Docket Number: No. 39497.,39497.
• Citation: 301 P.3d 264,154 Idaho 606
• Court: Idaho Supreme Court
• Parties: Holli Lundahl TELFORD, Petitioner, v. Hon. David C. NYE, Respondent.

154 Idaho 606

301 P.3d 264

Holli Lundahl TELFORD, Petitioner,

v.Hon. David C. NYE, Respondent.

No. 39497.

Supreme Court of Idaho, Boise, February 2013 Term.

April 23, 2013.

Rehearing Denied May 31, 2013.

Holli Lundahl Telford, Malad City, appellant pro se.

Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Shasta J. Kilminster–Hadley argued.

W. JONES, Justice.

I. NATURE OF THE CASE

This is an appeal of an Administrative Order declaring appellant, Holli Lundahl Telford ("Telford"), a vexatious litigant pursuant to Idaho Court Administrative Rule 59. Telford appeals the order.

II. FACTUAL AND PROCEDURAL BACKGROUND

On October 11, 2011, Administrative District Judge Nye issued an Administrative Order Declaring Vexatious Litigant ("pre-filing order"). Judge Nye issued this pre-filing order pursuant to Idaho Court Administrative Rule 59. At the time the pre-filing order was issued, there were no proceedings before Judge Nye to which Telford was a party. Judge Nye issued the pre-filing order after receiving requests from several district court and magistrate judges, including District Court Judges Naftz, Dunn, and Brown; and Magistrate Judges Laggis and Evans.

The pre-filing order declared Telford a vexatious litigant on the basis that she "has previously been declared to be a vexatious litigant by any federal court of record in any action or proceeding." Telford has been declared vexatious by Utah, Texas, the Federal Ninth Circuit Court of Appeals, the Federal District Court of Idaho, the Federal District Court of Montana,¹ and the United States Supreme Court. The pre-filing order also found Telford to be a vexatious litigant on the additional basis that she has commenced in Idaho three or more pro se litigations that were determined adversely to her in the past seven years. The pre-filing order found this requirement satisfied merely using cases filed by Telford in the Sixth Judicial District of Idaho. The pre-filing order, pursuant to Rule 59, granted Telford fourteen days in which to file a written response, at which time Judge Nye would determine whether a hearing would be necessary. Telford was served with the pre-filing order via certified mail, which was sent on October 11, 2011. On appeal, Telford maintains that she received the pre-filing order on October 14, 2011. However, Telford filed a response challenging the pre-filing order on October 13, 2011. In that response, Telford admitted to receiving the pre-filing order on October 12, 2011. Telford also attacked the merits of cases underlying the declarations of our sister jurisdictions declaring Telford vexatious.

Though not contained in the record, Telford maintains that she filed via fax a motion with the Oneida County Court clerk, Diane Skidmore, to disqualify Judge Nye on October 15, 2011. The bases for this motion were bizarre accusations against Judge Nye.² Telford maintains that this motion was filed by Skidmore but was "concealed" from the record in this case.

Telford also maintains that on October 19, 2011, Judge Nye "indicated in an order that he would not relinquish jurisdiction over the administrative action or continue the proceedings until [Telford's] records and computers were returned." Again, this supposed order is not contained in the record.

Telford maintains that on October 18, 2011, she filed a writ before Judge Nye "requesting an order directing the Sheriff to return her electronic and paper files concerning the lawsuits raised in [the pre-filing order]." Yet, the record indicates this writ was actually included in Telford's response filed on October 13, 2011. Telford notes that three months prior to the pre-filing order her computer was seized by Oneida County officials involving a case concerning certain real property tax exemptions. Telford claims to have sent a "verification for this Writ Petition" to Skidmore on the night of October 19, 2011. On October 19, 2011, Judge Nye denied Telford's response. The order noted that Telford failed to raise any issues attacking the validity of the pre-filing order. The order also informed Telford that her proper course of action in challenging the bases upon which other jurisdictions issued their vexatious litigant orders was in that jurisdiction; therefore, Judge Nye declined the invitation to re-litigate those cases. Finally, the order granted Telford until October 26, 2011, to file a response adequately addressing the two grounds upon which the pre-filing order was issued.

Telford claims that on October 20, 2011, she appeared at the Oneida County Courthouse to "process" her case. Supposedly Skidmore was out until October 28, 2011, and everyone at the courthouse was ordered by Judge Nye not to accept her pleadings. So Telford maintains she was required to email everything to Skidmore. Telford maintains she emailed Skidmore thirteen times with her documents between October 23 and October 28, 2011.

On October 25, 2011, in a document once again not contained in the record, Telford claims that she filed "a response to ADJ Nye's statutory violation of IRCP Rule 40(d)(1) and other rules" in an email to Skidmore.

On October 27, 2011, having not received an amended response to the pre-filing order, Judge Nye entered a Declaration that Holli Lundahl Telford is a Vexatious Litgate [sic] ("vexatious litigant order"). The vexatious litigant order provided that Telford is precluded from filing any new litigation in the courts of Idaho pro se without first obtaining leave of a judge. Disobeying the order can be punished by contempt of court. Additionally, any such action may be dismissed.

On October 28, 2011, Telford arrived at the Oneida County clerk's office. Telford claims that Skidmore failed to record any of the documents that Telford emailed to her. Telford alleges that Skidmore "colluded" with Judge Nye "to obstruct the administrative proceedings, by ... backdating an order declaring [Telford] vexatious by one day and thereby purporting to moot" the papers that Telford sought to record. Telford maintains that she had until October 28, 2011, to file her response.

III. ISSUES ON APPEAL

1. Whether Telford was properly served when the pre-filing order was sent to her via certified mail.

2. Whether Telford's time to respond began running when the pre-filing order was mailed rather than when it was received.

3. Whether Judge Nye abused his discretion when he declared Telford a vexatious litigant pursuant to I.C.A.R. 59.

IV. STANDARD OF REVIEW

A person declared a vexatious litigant by an administrative district judge may appeal the order to this Court as a matter of right. I.C.A.R. 59(f). Findings of fact will not be set aside by this Court unless clearly erroneous. I.R.C.P. 52(a).

The standard of review under which an order declaring a person to be a vexatious litigant is reviewed is an issue of first impression in Idaho. Federal courts review the order for abuse of discretion. In re Armstrong, 300 B.R. 799, 800 (10th Cir.2004); Lee v. L.B. Sales, Inc., 177 F.3d 714, 718 (8th Cir.1999) ; De Long v. Hennessey, 912 F.2d 1144, 1146 (9th Cir.1990). This Court reviews other orders imposing sanctions for abuse of discretion. E.g., State Ins. Fund v. Jarolimek, 139 Idaho 137, 138, 75 P.3d 191, 192 (2003) (applying abuse of discretion standard to sanction imposed under Rule 37(b)); Sun Valley Shopping Ctr., Inc. v. Idaho Power Co.,

119 Idaho 87, 94, 803 P.2d 993, 1000 (1991) (applying abuse of discretion standard to Rule 11 sanctions). Furthermore, Rule 59 uses discretionary language: "An administrative judge may find a person to be a vexatious litigant...." I.C.A.R. 59(d) (emphasis added). Therefore, we hold that an abuse of discretion standard applies on review. The test for determining whether a judge abused his or her discretion is (1) whether the lower court rightly perceived the issue as one of discretion; (2) whether the lower court acted within the boundaries of such discretion and consistently with applicable legal standards; and (3) whether the court reached its decision by an exercise of reason. Schmechel v. Dille, 148 Idaho 176, 179, 219 P.3d 1192, 1195 (2009).

V. ANALYSIS

A. Telford waived her challenge to the adequacy of service.

Telford admits to having received service. She did not challenge the adequacy of service below, but rather she submitted to the court's jurisdiction. Though Telford maintains that service was inadequate under Rule 5 of the Idaho Rules of Civil Procedure, those rules are not applicable to proceedings brought under I.C.A.R. 59. Therefore, we hold that Telford waived her challenges to the adequacy of service and voluntarily submitted to the court's jurisdiction.

B. The vexatious litigant order was not prematurely entered.

Telford argues that the vexatious litigant order was prematurely entered before her time to respond pursuant to I.C.A.R. 59 had elapsed. She argues that she received the pre-filing order, via certified mail, on October 14, 2011. She argues that service is complete upon the delivery of the process to respondent. Thus, she claims she had until October 28, 2011, to file her response, but the vexatious litigant order was entered on October 27, 2011, before her time to respond had elapsed.

Idaho Court Administrative Rule 59(e) provides that after a judge has issued an order declaring a person a vexatious litigant, the "person who would be designated as a vexatious litigant in the proposed order shall then have fourteen (14) days to file a written response." I.C.A.R. 59(e). Regardless of whether the time to respond begins to run upon dispatch or delivery, Telford admits to receiving the pre-filing order on October 12, 2011. Thus, fourteen days after October 12, 2011, is October 26, 2011. Judge Nye granted Telford until that date to adequately respond and challenge the order. Telford filed one response, which did not challenge the pre-filing order but sought to improperly re-litigate cases finally adjudicated and determined in other jurisdictions. Judge...