Johnson v. Kittitas County

11 P.3d 862, 103 Wash. App. 212
CourtCourt of Appeals of Washington
DecidedNovember 2, 2000
DocketNo. 18626-1-III
StatusPublished
Cited by9 cases

This text of 11 P.3d 862 (Johnson v. Kittitas County) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Kittitas County, 11 P.3d 862, 103 Wash. App. 212 (Wash. Ct. App. 2000).

Opinion

Brown, A.C.J.

Francis Wayne Johnson, a surety writing bail bonds, asked the Kittitas County Superior Court to enter a declaratory judgment interpreting RCW 10.19.160 governing the surrender of persons (principals or prisoners) released on bail. The court decided the statute did not permit Mr. Johnson the discretion to surrender a principal to the Kittitas County Corrections Center (KCCC) whenever he believed himself insecure. First, the court interpreted RCW 10.19.160 (against Mr. Johnson) to require, before surrender, either (1) a court’s “notice of forfeiture” or (2) “a notarized affidavit specifying the reasons for surrender” that would show a preceding failure to appear (FTA), bail forfeiture, and bench warrant. Second, the trial court interpreted RCW 10.19.160 (against the County) to require KCCC, after a showing of a proper surrender, to accept from a surety those prisoners originally incarcerated in KCCC, even when that original incarceration was for another county. Mr. Johnson appealed, the County did not.

Because the first sentence of RCW 10.19.160 unambiguously allows a surety to submit “a notarized affidavit specifying the reasons for surrenderf]” without limitation, the trial court’s interpretation is incorrect. We agree with the trial court’s interpretation of the second sentence. Accordingly, we reverse.

FACTS

Mr. Johnson does business as Ellensburg Bail Bonds mainly in Kittitas County. Mr. Johnson writes bonds for principals incarcerated as in-county prisoners as well as out-of-county prisoners. Sometimes multiple bonds, both in and out of the county are required. The primary purpose of bail is to assure the reappearance of the prisoner at the proper time and place. Mr. Johnson, as surety and bail [215]*215agent, contracts with the prisoner, as principal, to post a bond satisfying a court’s bail condition in order to obtain his principal’s release from custody. The County is not a party to the contract; its role in the process is limited to ensuring proper paperwork is completed for each legal hold.

Until 1997, Mr. Johnson would surrender his principals back to the County whenever he would deem himself insecure no matter what county instigated the initial arrest. The County then notified the proper courts of the surrender. In 1997, the County changed its surrender polices, limiting them to persons incarcerated based on Kittitas County court felony or DUI charges. If the principal was bonded on charges in Kittitas County and elsewhere, the County would solely accept principals on County charges.

Mr. Johnson asked the trial court for a declaratory judgment interpreting RCW 10.19.160 to allow him to surrender “a person in a criminal case under surety bond to the facility in which the person was originally held in custody or the county or jail affiliated with the court issuing the warrant resulting in bail so long as the surrender is accompanied by the appropriate notice of forfeiture or notarized affidavit specifying the reason for surrender.” The County denied Mr. Johnson’s interpretation.

After hearing, the trial court issued a memorandum opinion, then consistent findings and conclusions. The trial court decided RCW 10.19.160 meant (1) surrender of prisoners must be preceded by a FTA, bail forfeiture, and arrest warrant, and (2) surrender could be made to KCCC if the prisoner had been originally held in that facility when bonded, whether or not they were held for an in or out-of-county matter.

Mr. Johnson filed this notice of appeal.

[216]*216ANALYSIS

A. Procedural Matters

Preliminarily, the County correctly points out Mr. Johnson failed to assign error to the trial court’s findings of fact. Thus, the findings of fact are verities on appeal. State v. Hill, 123 Wn.2d 641, 644, 870 P.2d 313 (1994).

Second, the County correctly notes Mr. Johnson’s failure to assign error to the trial court’s specific conclusions of law. But Mr. Johnson did assign error generally to the trial court’s ultimate conclusion as to RCW 10.19.160, and the thrust of his briefing articulates his challenge to the trial court’s interpretation of that statute. Consequently, the omission is no bar to review of the determinative legal issues.

Third, the County asks us to strike and disregard three attachments to Mr. Johnson’s brief that also appear in Appellant’s Supplemental Clerk’s Papers. One attachment is a declaration of Mr. Johnson’s counsel regarding the other two attachments; letters exchanged between Mr. Johnson and the County after the trial court entered its decision. Even if we were to consider the attachments, they are not critical to our discussion. They merely show the parties attempted to apply the trial court’s decision.

B. Prerequisites for Surrender

The issue is whether the trial court erred when interpreting RCW 10.19.160 to not permit Mr. Johnson to surrender his principals to the KCCC whenever he deemed himself insecure and concluding instead that surrender must be accompanied by either a notice of forfeiture or affidavit supported by reasons limited to precedent FTA, subsequent bail bond forfeiture, and new arrest warrant.

As this action turns on the correct interpretation of RCW 10.19.160, the standard of review is de novo. State v. Azpitarte, 140 Wn.2d 138, 140-41, 995 P.2d 31 (2000).

[217]*217RCW 10.19.160 states:

The surety on the bond may return to custody a person in a criminal case under the surety’s bond if the surrender is accompanied by a notice of forfeiture or a notarized affidavit specifying the reasons for the surrender. The surrender shall be made to the facility in which the person was originally held in custody or the county or city jail affiliated with the court issuing the warrant resulting in bail.

The purpose of statutory interpretation is to effectuate the Legislature’s intent. Hubbard v. Dep’t of Labor & Indus., 140 Wn.2d 35, 43, 992 P.2d 1002 (2000). Absent ambiguity, the reviewing court relies on the language of the statute alone. Azpitarte, 140 Wn.2d at 142.

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Bluebook (online)
11 P.3d 862, 103 Wash. App. 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-kittitas-county-washctapp-2000.