J.A. v. Lake County

1999 MT 148, 983 P.2d 327, 295 Mont. 46, 56 State Rptr. 585, 1999 Mont. LEXIS 155
CourtMontana Supreme Court
DecidedJune 29, 1999
DocketNo. 97-569
StatusPublished
Cited by2 cases

This text of 1999 MT 148 (J.A. v. Lake County) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.A. v. Lake County, 1999 MT 148, 983 P.2d 327, 295 Mont. 46, 56 State Rptr. 585, 1999 Mont. LEXIS 155 (Mo. 1999).

Opinion

JUSTICE LEAPHART

delivered the Opinion of the Court.

¶1 Appellant, Department of Corrections (hereafter, DOC) appeals from the order of the Twentieth Judicial District Court.

¶2 We reverse in part and affirm in part.

¶3 The following issues are presented on appeal:

¶4 1. Whether the District Court erred in concluding that § 52-5-109, MCA, is unconstitutional.

¶5 2. Whether DOC’s request that Lake County comply with § 52-5-109, MCA, was an unfunded mandate in violation of § 1-2-116, MCA.

Standard of Review

¶6 We review a district court’s conclusions of law to determine whether they are correct. Steer, Inc. v. Dept. of Revenue (1990), 245 Mont. 470, 474-75, 803 P.2d 601, 603.

Factual and Procedural Background

¶7 In June, 1997 the District Youth Court found that J.A. was a delinquent youth. Upon the recommendation of DOC’s youth placement committee, the District Court committed J.A. to DOC for placement at the San Marcos Treatment Center in Texas. The District Court also ordered that DOC pay the cost of transporting J.A. The District Court subsequently filed an order directing that DOC designate a place for it to receive custody of J.A. When DOC refused to pay J.A.’s transportation costs, Lake County paid the cost of transporting J.A. to Texas, rather than have J.A. remain in detention while the issue of who should pay his costs was determined.

¶8 In July, 1997 the District Court issued a citation and order to DOC to show cause why it should not be ordered to pay the transportation costs for J.A. In August, 1997 the District Court held a hearing [48]*48and, in September, 1997 the District Court entered its findings of fact, conclusions of law, and order.

¶9 The District Court determined that the portion of § 52-5-109, MCA, directing the District Court to arrange for the transportation of a youth committed to DOC is unconstitutional. The District Court concluded:

The placement power is administrative power placed with the executive branch as determined by the Legislature through statute. Having given that power to the Department of Corrections, the legislative branch can not require the judicial branch to perform executive actions in support of the administrative. This is clearly a blurring of the separation of powers.... This statute completely reverses the roles of the executive and judicial branches in conflict with Article III, Section 1 of the Montana State Constitution.

The District Court further concluded that a “plain reading of [§ 52-5-109, MCA] would dictate that a place designated to receive custody was intended to refer to a location within [Montana].” The District Court determined that in attempting to shift to Lake County the cost of transporting J.A. to Texas, DOC violated § l-2-116(2)(a), MCA. The District Court ordered that DOC reimburse Lake County for the money it expended in transporting J.A. to Texas. DOC appeals from the order of the District Court.

Discussion

¶10 1. Whether the District Court erred in concluding that § 52-5-109, MCA, is unconstitutional.

¶11 Section 52-5-109, MCA, provides:

Commitment expenses — arrangement for transportation. The expenses of committing a youth to the Pine Hills youth correctional facility or the department of corrections and transporting the youth to the Pine Hills youth correctional facility or the place designated by the department for it to receive custody, as well as the expense of returning the youth to the county of residence, must be borne by the county of residence. The district judge shall arrange for transportation of the youth to the place where the department has directed that it will receive custody of the youth.

Section 52-5-109, MCA. Article III, Section 1, provides:

Section 1. Separation of powers. The power of the government of this state is divided into three distinct branches — legislative, executive, and judicial. No person or persons charged with the exercise of power properly belonging to one branch shall exercise any [49]*49power properly belonging to either of the others, except as in this constitution expressly directed or permitted.

Article III, Section 1, Mont. Const.

¶12 DOC argues that the District Court erred in concluding that § 52-5-109, MCA, is unconstitutional. Relying on this Court’s decision in Coate v. Omholt (1983), 203 Mont. 488, 662 P.2d 591, DOC contends that § 52-5-109, MCA, does not interfere with the internal operations of a district court. Rather, DOC argues that arranging the transportation of youths is an administrative task performed by probation officers whom the District Court appoints. Relying on Clark v. Dussault (1994), 265 Mont. 479, 878 P.2d 239, DOC argues that “separation of powers only means ‘that the powers properly belonging to one department shall not be exercised by either of the others.’ ” DOC contends that § 52-5-109, MCA’s requirement that district courts arrange transportation for committed youths neither takes power from the judiciary nor gives the judiciary power.

¶13 Lake County responds that § 52-5-109, MCA, is unconstitutional. Lake County asserts that the legislature has given all responsibility for placement to DOC; thus, “[h]aving given that power to the Department, the legislative branch can not require the judicial branch to perform executive actions in support of the executive.” Lake County argues that § 52-5-109, MCA, creates in essence a reversal of roles, with the judiciary performing administrative functions and acting “as the Department’s bus driver on the placement they develop.”

¶ 14 A statute is presumed constitutional. City of Billings v. Laedeke (1991), 247 Mont. 151, 154, 805 P.2d 1348, 1349 (citation omitted). Further, a party challenging the constitutionality of a statute must show beyond a reasonable doubt that the statute is unconstitutional. Davis v. Union Pacific R. Co. (1997), 282 Mont. 233, 239, 937 P.2d 27, 30 (citation omitted). Courts have a duty to construe statutes “narrowly to avoid an unconstitutional interpretation if possible.” State v. Nye (1997), 283 Mont. 505, 510, 943 P.2d 96, 99.

¶15 In previous decisions, this Court has recognized violations of the constitutional requirement of separation of powers in statutes that impair judicial authority and the integrity of judicial functions. In Harlen v. City of Helena (1984), 208 Mont. 45, 676 P.2d 191, this Court held that a city ordinance that provided for the licensing of attorneys “was invalid with respect to attorneys because it infringes upon this Court’s constitutional authority to supervise and regulate [50]*50attorneys and the practice of law.” Harlen, 208 Mont. at 48, 676 P.2d at 193. The Harlen

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Cite This Page — Counsel Stack

Bluebook (online)
1999 MT 148, 983 P.2d 327, 295 Mont. 46, 56 State Rptr. 585, 1999 Mont. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ja-v-lake-county-mont-1999.