District of Columbia v. J.R.M.

521 A.2d 1152, 55 U.S.L.W. 2566, 1987 D.C. App. LEXIS 300
CourtDistrict of Columbia Court of Appeals
DecidedMarch 6, 1987
DocketNo. 85-1350
StatusPublished
Cited by4 cases

This text of 521 A.2d 1152 (District of Columbia v. J.R.M.) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
District of Columbia v. J.R.M., 521 A.2d 1152, 55 U.S.L.W. 2566, 1987 D.C. App. LEXIS 300 (D.C. 1987).

Opinion

FERREN, Associate Judge:

The District of Columbia appeals the denial of its petition to establish paternity and to order appellee, J.R.M., to pay child support. Among its contentions, the District argues that Judge Bacon erred by requiring the District to prove paternity. Earlier, Judge Beaudin had stricken J.R. M.’s answer to the petition as a sanction for his failure to take a Human Leukocyte Antigen (HLA) test, which he had previously agreed to take. In the District’s view that sanction, eliminating J.R.M.’s denial of paternity, in effect established paternity and thus left to be determined only the amount of support he must pay. Judge Bacon, however, interpreted the sanction as placing the case in the same posture as one [1153]*1153in which the putative father had simply failed to answer. In such cases the petitioner must still prove the alleged paternity by a preponderance of the evidence, but may do so at an ex parte hearing. See Super.Ct.Dom.Rel.R. 405(e). Accordingly, Judge Bacon took testimony from the mother. After hearing her testimony, however, the judge ruled that the District had not established paternity. We need not address Judge Bacon’s ruling, for we find ambiguous Judge Beaudin’s sanction order on which Judge Bacon premised the hearing; it could reasonably be interpreted as either Judge Bacon or the District interprets it. We thus remand the case to Judge Beaudin so that he may clarify his order and, if necessary, reconsider in light of this opinion what the appropriate sanction should be for J.R.M.’s refusal to take the HLA test.

I.

The District of Columbia brought this action on behalf of the child whose paternity is at issue here and of her mother. See D.C.Code § 16-2341(a) (1981). J.R.M., the alleged father, filed an answer denying paternity. The court then entered an order, to which the parties consented, requiring the mother, child, and J.R.M. to take HLA tests at a specified time and place. After J.R.M. failed to appear for his test, the District moved to have the court strike his answer and to set an ex parte hearing. Judge Beaudin ordered that “Respondent’s Answer be and hereby is stricken, and that an ex parte hearing be held on the 16th day of January, 1985.” The order does not state whether the contemplated hearing would include proof of paternity or would address only the amount of support.

At the hearing before Judge Bacon, the District called the mother to testify about the date of the child’s birth, the nature and exclusivity of her relationship with J.R.M. during the period in which the child was conceived, and J.R.M.’s behavior toward the child since her birth. Counsel for J.R.M. was present and cross-examined the mother. At the close of the mother’s testimony, Judge Bacon ruled that the District had failed to prove by a preponderance of the evidence that J.R.M. was the child’s father. The judge reached this conclusion even though the only evidence presented was the mother’s testimony. Apparently, Judge Bacon found the mother to be so confused about the relevant dates, and so prone to certainty in adopting incompatible dates for events such as conception and birth, that her testimony was simply not credible evidence of J.R.M.’s paternity.

The District moved for reconsideration, arguing that a default should have been entered as to paternity or, in the alternative, that although the District failed to satisfy the court at the ex parte hearing, the case should have been set for a full trial. Judge Bacon denied the motion and reiterated her previous conclusion that the mother’s testimony “was not credible, clear or convincing and did not provide proof by a preponderance of the evidence” that J.R.M. was the child’s father. This appeal followed.

II.

The District’s primary contention on appeal is that Judge Beaudin’s sanctions order required the trial court to rule that J.R.M. had admitted paternity. Therefore, according to the District, the court should not have required proof of paternity at the ex parte hearing.

The sanctions order is ambiguous. By requiring that “Respondent’s Answer be and hereby is stricken, and that an ex parte hearing be held on the 16th day of January, 1985,” Judge Beaudin crafted an order susceptible of two interpretations: either the order was intended to impose the ultimate sanction on J.R.M. by treating the allegation of paternity as admitted, or it was intended to punish him only to the extent of submitting the case to ex parte determination of paternity rather than a full adversarial trial of the issue.

Super.Ct.Dom.Rel.R. 405(e) states that when the respondent in a paternity suit does not file a timely answer “or otherwise fails to respond, ... the issues of paternity and amount of support may be heard and determined ex parte_” The rule implic[1154]*1154itly bars determination of paternity by default on the petitioner’s pleadings alone:

If the court is satisfied that (1) there is uncontroverted proof that respondent is the natural father as alleged by the petitioner, and (2) justice to the child requires an immediate judicial determination of the petition, ... it may enter an order adjudging respondent to be the natural father of the child and fixing an appropriate amount of support.

Thus, the rules appear to incorporate a policy that the court should not determine paternity solely by default but should always require the petitioner to present persuasive evidence that the respondent is in fact the father.

One may argue that this policy, applicable when no answer is filed because of the putative father’s own choice or negligence, applies with the same force when the putative father has no answer on file because of a sanction striking his answer. On this view, the facial ambiguity of Judge Beau-din’s order would be irrelevant — or, perhaps more accurately, the order could not be called ambiguous — because the court would not have had the power to issue an order deeming J.R.M. to have admitted paternity.

The District, however, presents a persuasive argument against this restrictive reading of the trial court's power in the circumstances present here. The District points out that the HLA test is an extremely accurate method of determining paternity. The test can prove conclusively that a man is not the father of a given child.1 Furthermore, when the test does not exclude paternity, it usually provides evidence of fatherhood to a high statistical probability.2 No other method exists for proving or disproving paternity with comparable accuracy. (Indeed, at least when it excludes paternity, the HLA test is a more reliable basis for adjudication than the putative father’s own assertions, since the test requires no confidence in the parties’ memories or assumptions about their past fidelity to one another.)

In the Parentage and Support Proceedings Reform Act of 1984, the Council of the District of Columbia amended the law governing admissibility of paternity tests to clarify that “[t]est results or expert results showing the statistical probability of the alleged parent’s paternity may be admissible into evidence.” D.C.Code § 16-2343.1 (1986 Supp.).

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Related

District of Columbia ex rel. W.J.D. v. E. McB.
557 A.2d 941 (District of Columbia Court of Appeals, 1989)
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531 A.2d 1246 (District of Columbia Court of Appeals, 1987)

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Bluebook (online)
521 A.2d 1152, 55 U.S.L.W. 2566, 1987 D.C. App. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/district-of-columbia-v-jrm-dc-1987.