Werts v. Iowa Bd. of Parole
Decision Date | 17 November 2022 |
Docket Number | 22-0127 |
Parties | LEANN FAYE WERTS, Plaintiff-Appellant, v. IOWA BOARD OF PAROLE, Defendant-Appellee. |
Court | Court of Appeals of Iowa |
Appeal from the Iowa District Court for Polk County, Jeanie K Vaudt, Judge.
Leann Faye Werts challenges the Iowa Board of Parole's denying her conditional release based only on the seriousness of her offenses.
Gordon E. Allen, Johnston, for appellant.
Thomas J. Miller, Attorney General, and John R. Lundquist, Assistant Attorney General, for appellee.
Heard by Bower, C.J., Badding, J., and Potterfield, S.J. [*]
Leann Faye Werts challenges the Iowa Board of Parole's (Board) denial of her conditional release based only on the seriousness of her twenty-year-old offenses. She contends the Board's reason is contrary to the statutory mandate that release "shall be ordered" when "there is reasonable probability that the person .... is able and willing to fulfill the obligations of a law-abiding citizen." Iowa Code § 906.4 (2021). She maintains the Board's denial here was contrary to law, "and given the factual record, simply irrational and illogical."
The Board's decision denying Werts conditional release was within its discretion as provided in section 906.4. We affirm the district court's finding the Board did not prejudice Werts's substantial rights in denying release.
Werts was originally sentenced to life in prison without the possibility of parole after a jury found her guilty of first-degree murder for the death of a twenty-one-month-old child who was in her care. Her conviction was overturned on appeal, and a new trial ordered. See State v. Werts, 677 N.W.2d 734, 735 (Iowa 2004).
In April 2005, Werts voluntarily entered an Alford plea[1] and was adjudged guilty of "multiple acts of child endangerment," in violation of Iowa Code section 726.6A (maximum term of fifty years), and attempted murder, in violation of Iowa Code section 707.11 ( ).
To support her pleas, Werts stipulated she twice intentionally struck the child's head against a highchair with unreasonable force and her actions resulted in a serious brain injury to her victim that caused a substantial risk of death. In addition, Werts stipulated that on another date she intentionally pulled the child off the ground by his arm and slammed him to the ground on his buttocks.
The sentencing court determined the fifty-year and twenty-five-year prison terms would run consecutively due to "the nature of the offenses and because to do otherwise would unduly lessen the seriousness of the offenses." Thus, Werts received a seventy-five-year sentence and was not eligible for parole until she had served at least seven-tenths of her attempted-murder sentence. Werts's mandatory-minimum term was completed in March 2020; her tentative discharge date is in September 2046. In anticipation of Werts completing the mandatory portion of her sentence, the Board began annual reviews of her case starting in April 2019.
Werts sought judicial review of the Board's April 21, 2021 and September 9, 2021 final appeal decisions denying her a conditional release. Werts alleges the Board applied an erroneous legal standard or otherwise acted unreasonably or arbitrarily in denying her release based solely upon the seriousness of her criminal offense.
In its judicial review decision, the district court concluded:
The Board's action qualifies as "other agency action" and not a contested case. Iowa Code § 906.3 ("The grant or denial of parole or work release is not a contested case as defined in section 17A.2."); Sindlinger v. Iowa State Bd. of Regents, 503 N.W.2d 387, 389 n.1 (Iowa 1993) ( ). Thus, the question is whether the Board "committed an error of law or acted unreasonably, capriciously, or arbitrarily." Greenwood Manor v. Iowa Dep't of Pub. Health, 641 N.W.2d 823, 831 (Iowa 2002). "In exercising its judicial review power, the district court acts in an appellate capacity." Hill v. Fleetguard, Inc., 705 N.W.2d 665, 669 (Iowa 2005). "We will apply the standards of section 17A.19(10) to determine if we reach the same result as the district court." Ghost Player, LLC v. Iowa Dep't of Econ. Dev., 906 N.W.2d 454, 462 (Iowa 2018).
The parties emphasize different phrases in the relevant statutory provision:
A parole or work release shall be ordered only for the best interest of society and the offender, not as an award of clemency. The board shall release on parole or work release any person whom it has the power to so release, when in its opinion there is reasonable probability that the person can be released without detriment to the community or to the person. A person's release is not a detriment to the community or the person if the person is able and willing to fulfill the obligations of a law-abiding citizen, in the board's determination.
Iowa Code § 906.4(1).
Werts notes the mandatory nature of the language-parole "shall be ordered" and the board "shall release" "when . . . there is a reasonable probability that the person . . . is able and willing to fulfill the obligations of a law abiding citizen." Id.; see Iowa Code § 4.1(30)(a) ().[2] She emphasizes the Board was in receipt of sixty letters of support from friends, family, and her religious community; recommendations indicating Werts had offers of transportation and employment; and confirmation she had housing and family support upon release. Her history while in prison shows she had completed all available and recommended programming; has been consistently employed and is currently in a position of trust as a peer educator; had only one minor disciplinary matter almost two decades ago; and was being recommended for work release by the Iowa Correctional Institute for Women (ICIW) administrators, the warden, correctional officers, counselors, and staff. Werts asserts these letters and recommendations show she is "able and willing to fulfill the obligations of a law abiding citizen" and, consequently, the Board must authorize her conditional release. She argues the Board's refusal on this record is unreasonable.
The Board, though, focuses on other language, noting parole and work release are to be ordered "only for the best interest of society and the offender, not as an award of clemency" and "when in its opinion there is reasonable probability that the person can be released without detriment to the community or to the person." Iowa Code § 906.4(1). (emphasis added). The Board notes no conditional release may be granted unless at least three members of the Board agree to the release. See Iowa Admin. Code r. 205-8.15(2) () .
The question presented to us is whether the Board violated Iowa Code section 906.4 or otherwise acted unreasonably in denying Werts a conditional release on the basis stated-DR7, a "shorthand" for "The seriousness of your crime or your criminal history indicates more time is needed before the Board will be convinced a release would be in the best interest of you or society."
"[I]t is for the Board to decide when an inmate 'shall be released.'" Bomgaars, 967 N.W.2d at 54; see Iowa Code § 906.3 (); accord State v. Mohr, No. 10-0284, 2010 WL 4483991, at *5 (Iowa Ct. App. Nov. 10, 2010) ().[3] Because the Board is delegated the sole authority to release persons on parole, its application of law to fact may be reversed only if found to be "irrational, illogical, or wholly unjustifiable." Iowa Code § 17A.19(10)(m).
Iowa Administrative Code rule 205-8.10(1) sets out factors the Board "may consider" in deciding whether to grant parole or work release:
To continue reading
Request your trial