City of Wichita v. Hill

9 P.3d 28, 269 Kan. 865, 2000 Kan. LEXIS 658
CourtSupreme Court of Kansas
DecidedJuly 26, 2000
DocketNo. 81,491; 81,497; 81,509; 81,632
StatusPublished
Cited by3 cases

This text of 9 P.3d 28 (City of Wichita v. Hill) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Wichita v. Hill, 9 P.3d 28, 269 Kan. 865, 2000 Kan. LEXIS 658 (kan 2000).

Opinions

The opinion of the court was delivered by

Abbott, J.:

These four consolidated cases involve a dispute between the City of Wichita (City) and the judges of the Wichita Municipal Court on one side, and Sedgwick County District Judge Paul Buchanan, Chief Judge of the Eighteenth Judicial District, and Sedgwick County Sheriff Mike Hill on the other.

At all times pertinent, the prisoners of the City were held in the Sedgwick County Jail at the county’s expense. Pending completion of new jail facilities, frequent crises were occurring concerning the jail exceeding its maximum capacity.

In case No. 81,491, Judge Buchanan issued a show cause order on his own motion, held two hearings, and ordered the release of approximately 71 municipal court prisoners on their city charges. Pie concluded their incarceration was for nonpayment of fines and costs and that their incarceration amounted to being held for the payment of a debt to the City in violation of § 16 of the Kansas Constitution Bill of Rights.

A few days later, William W. Russ, Jr., an inmate in the jail by reason of his failure to pay fines imposed by the municipal court, completed an inmate request form and directed it to Judge Buchanan. Russ stated in part: “I would like a reconsideration to an OR bond, so I can secure gainful employment, and pay the fines levied by the municipal court.”

Judge Buchanan directed that the request be filed as a habeas corpus action and it became case No. 81,632. Judge Buchanan ordered Russ released on the city charges (and held him in jail on pending felony charges). Later, on his own motion, Judge Buchanan added nine other prisoners as petitioners in that case. As to those nine prisoners, he modified what appeared to be a “cash-only” bond condition regarding the incarceration of Robert E. [867]*867Martin, Jr., found the petition moot as to six of the remaining eight prisoners, and denied the petition as to the two others.

The two other cases (No. 81,497, naming Sheriff Hill a respondent, and No. 81,509, naming Judge Buchanan a respondent) are original proceedings in mandamus filed in the Supreme Court by the City. These cases mainly seek to prevent Sheriff Hill from releasing city prisoners being held on a pay-before-release status, without the consent of the Wichita Municipal Court or without satisfaction of their bond conditions, and to prevent Judge Buchanan from unilaterally ordering the release of such pay-before-release prisoners.

This dispute concerns (1) Judge Buchanan’s conclusions regarding the procedures used by the judges of the Wichita Municipal Court to incarcerate, and hold on a pay-before-release basis, persons who have failed to pay fines and costs imposed for violations of ordinances of the City or, apparently as in most if not all of the cases involved here, persons who have failed to pay their fines and costs and also have subsequently failed to appear at a prescribed time-to-pay docket as personally ordered on a previous occasion by one of the municipal court judges; and (2) Judge Buchanan’s orders releasing certain of those persons from the jail and/or from their city charges and modifying what Judge Buchanan presumed to be the cash-only bond condition of Martin.

The Supreme Court appointed the Honorable Stephen D. Hill, Chief Judge of the Sixth Judicial District, a Commissioner of the Supreme Court, to delineate and simplify the issues in these cases and to hear testimony and make findings of fact necessary for a proper resolution of the issues. The report of the Commissioner was filed on April 7, 1999.

I. JURISDICTION

This issue mainly concerns Judge Buchanan’s release of the 71 prisoners, his orders regarding Martin, and his rulings as to 8 inmates, other than Martin, whom Judge Buchanan added to Russ’ habeas corpus action. Russ is discussed later in this opinion.

The Commissioner concluded Judge Buchanan lacked jurisdiction as to the 71 prisoners, as to Martin, and as to the 8 others added to Russ’ habeas corpus action.

[868]*868As to the 71 prisoners whom Judge Buchanan ordered released, Judge Buchanan ruled they were being held for a debt owed to the City and that their detention was in violation of § 16 of the Kansas Constitution Bill of Rights. Section 16 of the Kansas Constitution Bill of Rights provides: “No person shall be imprisoned for debt, except in cases of fraud.”

The City argues Judge Buchanan had no jurisdiction to order the release of these prisoners because he decided issues not raised by any party; there were no pleadings filed in the case; he failed to give the City and the Wichita Municipal Court sufficient notice to allow them to prepare for the hearings; he joined the 71 prisoners without establishing any criteria by which to determine commonality of issues; and he granted wholesale relief to this group of inmates without examining the specific facts and law applicable to each individual inmate’s situation.

The City also argued there was no case or controversy before the trial court; rather, it was Judge Buchanan who created a controversy of his own making by exceeding his judicial authority and by becoming a de facto party and active participant with adversarial interests in the case. The City notes that none of the prisoners contested the authority of the municipal court judges to commit them to jail.

The City makes numerous other arguments that we do not deem necessary to set forth, as we agree from the record before us that the trial court did not have jurisdiction.

The Commissioner concluded Judge Buchanan lacked jurisdiction in this matter for the following reasons:

1. None of the 71 prisoners created a case in controversy for adjudication in the district court and none of the prisoners requested the district court for relief of any land. None of the 71 prisoners filed a petition for writ of habeas corpus; none appealed his or her municipal court conviction or contempt judgment; none attempted to pursue statutory provisions found in K.S.A. 12-4601 and K.S.A. 1999 Supp. 22-3609 for prosecuting an appeal from a municipal court conviction; and none filed or had filed on his or [869]*869her behalf a civil suit in district court challenging his or her confinement or bond conditions.

2. All of the pleadings in this case'Were manufactured by Judge Buchanan himself, and there were no parties in the traditional legal sense of the term. The only case in controversy as to these 71 prisoners is that which was created by Judge Buchanan by issuing an order to Sheriff Milce Hill to show cause why these 71 prisoners should not be released, as it appeared they were being held “for the payment of fines only” and that “such persons have been held in custody for sufficient lengths of time to give rise to a presumption that such persons are without funds to pay such fines, and that it appears that such persons are imprisoned solely for the payment of debt in violation of the Fourteenth Amendment to the United States Constitution and the Kansas Constitution Bill of Rights, § 16.” No reported cases have been found where a court sua sponte initiated habeas corpus relief.

3.

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Related

In Re Ce
275 P.3d 67 (Court of Appeals of Kansas, 2012)
Interest of C.E.
275 P.3d 67 (Court of Appeals of Kansas, 2012)
Attorney General Opinion No.
Kansas Attorney General Reports, 2002

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Bluebook (online)
9 P.3d 28, 269 Kan. 865, 2000 Kan. LEXIS 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-wichita-v-hill-kan-2000.