Jones v. Montana Nineteenth Judicial District Court

2001 MT 276, 37 P.3d 682, 307 Mont. 305, 2001 Mont. LEXIS 538
CourtMontana Supreme Court
DecidedDecember 19, 2001
Docket01-594
StatusPublished
Cited by9 cases

This text of 2001 MT 276 (Jones v. Montana Nineteenth Judicial District Court) 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
Jones v. Montana Nineteenth Judicial District Court, 2001 MT 276, 37 P.3d 682, 307 Mont. 305, 2001 Mont. LEXIS 538 (Mo. 2001).

Opinions

[306]*306OPINION AND ORDER

L FACTUAL AND PROCEDURAL BACKGROUND

¶1 Before this Court is Attorney Russell K. Jones’s (Jones) Petition for Review or Supervisory Control and Motion for Stay. The Petition seeks review of an order by District Judge Michael C. Prezeau on February 8, 2001, holding Jones in contempt in connection with Jones’s representation of Debbie Lynch and Matthew Kyle in the Nineteenth Judicial District Court, Lincoln County, Cause No. DN-00-23 and Judge Prezeau’s subsequent denial of Jones’s motion to reconsider on March 1,2001. The Motion for Stay involves Jones being required to appear before District Judge Stewart E. Stadler on September 11,2001, in the Nineteenth Judicial District Court, Lincoln County, Cause No. DV-01-4004, for proceedings to determine why Jones should'not be held in contempt of court for his failure to pay the fine imposed by Judge Prezeau pursuant to his original order holding Jones in contempt in Cause No. DN-00-23.

¶2 Initially, we point out that contempt orders are not appealable, but can be reviewed by way of petition for writ of certiorari, also known as a writ of review. Sections 3-1-523, 3-2-212(2), 27-25-101 & 102, MCA; O’Neill v. O’Neill (1979), 184 Mont. 415, 416, 603 P.2d 257, 258; Kauffman v. Twenty-First Judicial Dist. Court, 1998 MT 239, ¶ 16, 291 Mont. 122, ¶ 16, 966 P.2d 715, ¶ 16. Although review of contempt by writ of certiorari is the designated method of review of contempt orders, certain exceptions to this procedure are allowed. See Lee v. Lee, 2000 MT 67, ¶ 37, 299 Mont. 78, ¶ 37, 996 P.2d 389, ¶ 37 (under the “family law exception,” a contempt order may be reviewed by direct appeal only when the judgment appealed from includes an ancillary contempt order which affects the substantial rights of the involved party). Further, if the relator is barred from using a writ of certiorari because the record required by § 27-25-202, MCA, has not been established, we allow for review of contempt by writ of supervisory control as another exception to the designated procedure. State ex rel. Anderson v. District Court (1980), 188 Mont. 77, 79, 610 P.2d 1183,1185; see also In re Graveley (1980), 188 Mont. 546, 555, 614 [307]*307P.2d 1033, 1038.

¶3 In this case, Jones asserts his Petition could be considered one for a writ of certiorari or, alternatively, one for a writ of supervisory control. As mentioned, the procedure designated by § 3-1-523, MCA, allows for review only by writ of certiorari. We need not reach the issue of whether one of the exceptions to this procedure applies here because we decide this case on the threshold issue of the timeliness of Jones’s filing of his Petition for writ of certiorari.

¶4 At the outset, Jones raises the threshold issue of timeliness and asserts that his Petition was timely filed. In this case, Jones was held in contempt of court on February 8, 2001, and the District Court denied his motion to reconsider on March 1,2001. His instant Petition was not filed until August 27, 2001-over six months from the court’s original order and over five months from the court’s denial of his motion to reconsider. As justification for the delay, Jones states that he waited to file his Petition until after a July 30, 2001 disposition in the underlying cause in order to prevent impairing the trial court’s impartiality toward his client’s interests. However, as Jones himself notes, a contempt proceeding is an action entirely independent from the underlying cause. McPartlin v. Fransen (1978), 178 Mont. 178,182, 582 P.2d 1255, 1258.

¶5 We choose not to establish a precedent that allows review of contempt proceedings to be delayed until the underlying cause is resolved. To assume the trial court will not be impartial in an underlying cause because of a contemporaneous contempt proceeding is to hinder the trial court’s inherent contempt power by implying the trial court cannot reasonably exercise its power. O’Neill, 184 Mont. at 417,603 P.2d at 258 (courts have inherent contempt power in order to preserve the dignity of proceedings). Therefore, we reject this rationale for Jones’s delay in filing his Petition.

¶6 That said, it is, nevertheless, necessary that we establish the time frame within which petitions for review of contempt orders must he filed so that we may then decide whether Jones’s Petition is timely filed. Because the issue of a time-bar on filing petitions for writs of certiorari to review contempt proceedings is an issue of first impression in this Court, we requested supplemental briefing. The supplemental briefing is complete, and we now address this threshold issue, as raised by Jones.

II. TIME FRAME FOR FILING PETITIONS FOR WRITS OF CERTIORARI TO REVIEW CONTEMPT PROCEEDINGS

[308]*308A. Five Years or Thirty Days?

¶7 Jones asserts that a five-year statute of limitation should apply to writs of review of contempt proceedings. He bases his argument on § 27-2-231, MCA, the section providing for a default statute of limitation. Section 27-2-231, MCA, reads: “An action for relief not otherwise provided for must be commenced within 5 years after the cause of action accrues.” Further, in the definitions section of Title 27, § 27-2-101, MCA, requires that the word “action” is “to be construed, whenever necessary to do so, as including a special proceeding of a civil nature.” See also § 25-1-102(2), MCA.

¶8 In support of his argument, Jones cites Shaffroth v. Lamere (1937), 104 Mont. 175,179-80,65 P.2d 610,611-12. This case involved a petition for a writ of review submitted to a district court requesting review of a justice court’s default judgment. Shaffroth addressed the question of the statute of limitation involved under the statutory predecessor of §27-25-102, MCA, which specifies the authority to grant a writ of review. This statute, which is substantively the same as its predecessor as it relates to this case, now reads:

A writ of review may be granted by:
(1) the supreme court and any justice of the supreme court, in proceedings for contempt in the district court; or
(2) the supreme court or the district court or any judge of those courts, when a lower tribunal, board, or officer exercising judicial functions has exceeded the jurisdiction of the tribunal, board, or officer and there is no appeal or, in the judgment of the court, any plain, speedy, and adequate remedy.

Shaffroth held that the default statute of limitation of five years applied to the situation in which one of the parties waited six years to seek a writ of review of the justice court’s default judgment. Shaffroth, 104 Mont. at 179-80, 65 P.2d at 611-12. Jones argues that Shaffroth requires that the default five-year statute of limitation applies to all writs of review under § 27-25-102, MCA, including review of a contempt proceeding by way of a writ of certiorari.

¶9 In the alternative, Jones cites Rule 17(d), M.R.App.P., for the proposition that original proceedings before this Court, which could include writs of certiorari to review contempt proceedings, may be filed “at any time.”

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Bluebook (online)
2001 MT 276, 37 P.3d 682, 307 Mont. 305, 2001 Mont. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-montana-nineteenth-judicial-district-court-mont-2001.