People ex rel. Vogel v. Fairman

445 N.E.2d 860, 112 Ill. App. 3d 477, 68 Ill. Dec. 216, 1983 Ill. App. LEXIS 1460
CourtAppellate Court of Illinois
DecidedFebruary 8, 1983
DocketNo. 4-82-0385
StatusPublished
Cited by2 cases

This text of 445 N.E.2d 860 (People ex rel. Vogel v. Fairman) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Vogel v. Fairman, 445 N.E.2d 860, 112 Ill. App. 3d 477, 68 Ill. Dec. 216, 1983 Ill. App. LEXIS 1460 (Ill. Ct. App. 1983).

Opinion

JUSTICE MILLS

delivered the opinion of the court:

The Interstate Agreement on Detainers.

Defendant is serving time for armed robbery in an Illinois penitentiary. Arizona wants him sent there to stand trial for another armed robbery.

Question: Did the Arizona judge “approve” the request for temporary custody?

The Illinois trial court found that he had.

We also find that he did.

We affirm.

Szostek is presently a prisoner at the Pontiac Correctional Center where he is serving a six-year sentence for armed robbery. The State of Arizona, pursuant to the Agreement on Detainers (Ill. Rev. Stat. 1981, ch. 38, par. 1003 — 8—9) (the Agreement), forwarded a request for the temporary custody of Szostek in order to prosecute him for a second armed robbery. The request was signed by the deputy county attorney of Maricopa County, Arizona, and certified by an Arizona judge. Governor James R. Thompson of Illinois approved the request.

Szostek filed a petition for a writ of habeas corpus in Livingston County. He alleged in his petition that the Arizona judge had failed to duly approve the request for temporary custody. The trial court issued the writ and two hearings were held before the Honorable William T. Caisley. Judge Caisley found that the Arizona judge had duly approved the request and then ordered the writ of habeas corpus discharged. Szostek was remanded to the custody of Warden Fairman. Judge Caisley further ordered the warden to honor the State of Arizona’s request for temporary custody of Szostek.

Szostek argues that the Arizona judge failed to comply with the requirements of the Agreement because he failed to duly “approve” the request for temporary custody. Article IV(a) of the Agreement requires the judge in the State requesting the prisoner to “have duly approved, recorded and transmitted the request.” (Ill. Rev. Stat. 1981, ch. 38, par. 1003 — 8—9, art. IV(a).) The Arizona judge’s signature on the custody request in the present case follows a clause which states in full:

“I hereby certify that the person whose signature appears above [the deputy county attorney of Maricopa County] is an appropriate officer within the meaning of Article IV(a) and that the facts recited in this request for temporary custody are correct and that having duly recorded said request I hereby transmit it for action in accordance with its terms and the provisions of the Agreement on Detainers.”

Szostek bases his position — that the judge’s signature following the above clause does not constitute approval of the request — on two separate arguments. First, he argues that the absence of the word “approved” in the clause above demonstrates a lack of approval by the judge and, second, he argues that the clause fails to reflect an independent investigation of the request by the judge.

I

His first argument is without merit. In the interpretation of statutes, common sense is often the court’s truest guide. Many times, common sense prevails where linguistic gymnastics fail. Such is the situation concerning Szostek’s first argument.

We have no reason to believe that the Arizona judge was not fully aware that the Agreement required him to approve the request. Common sense then tells us that if the judge had not approved of the request, he would not have signed it. The absence of the express term “approved” is immaterial. The judge’s signature following the above-quoted clause on the request fully constitutes the requisite approval.

II

Szostek’s second argument concerns the action a judge must take in approving a request. Szostek argues that by using the word “approved,” the legislature intended for the judge to carry out an independent investigation into the background of each detainer request. He argues that the judge may “approve” the request only after he is satisfied that the prosecutor is not filing the detainer request without grounds or in bad faith. Because the request in the case at bar contained no evidence that the judge based his decision on such an investigation, Szostek argues that it has not been duly approved.

In reply, the State argues that the word “approved” simply requires a judge to determine that the statutory requirements of the Agreement have been met. Those requirements are: (1) the requested person is in custody in another jurisdiction; (2) there is a charge presently pending in the requesting jurisdiction; and (3) the prosecutor and the requesting jurisdiction have decided to proceed with the prosecution. See generally Ill. Rev. Stat. 1981, ch. 38, par. 1003 — 8—9, art. III(a).

Unlike the first argument, common sense does not provide an easy answer to Szostek’s second argument. The term “approved” is a general term — undefined within the Agreement itself. Standing alone, the term does not tell us what actions must comprise the judge’s “approval” — whether he must conduct an independent investigation or whether he must simply insure that the statutory requirements are met. Therefore, this court is left with the task of determining what constitutes approval as the term is used in article IV(a) of the Agreement. There are four interpretive tools which may be employed to aid this court in defining the specific meaning of a general statutory term: plain meaning, dictionary meaning, prior judicial definitions, and legislative policy.

One prefatory note before we use those four tools. Although the Agreement is an Illinois statute, passed by the Illinois legislature, signed into law by our governor, and codified in our statute books, the United States Supreme Court has recently held that it is a Federal law. In Cuyler v. Adams (1981), 449 U.S. 433, 66 L. Ed. 2d 641, 101 S. Ct. 703, the court held that an agreement such as ours is an interstate compact approved by Congress under the compact clause of the United States Constitution. The court stated that where Congress authorizes the States to enter into cooperative agreements dealing with matters which are the proper subject of Federal legislation, the consent of the Congress transforms the agreements of the States into Federal law.

Therefore, we will use the four interpretive tools as they are defined by Federal law.

(a) PLAIN MEANING

In construing a statutory term that has not been previously judicially interpreted, the court is guided by the plain meaning of the language. (Janowski v. Teamsters Local No. 710 Pension Fund (7th Cir. 1982), 673 F.2d 931.) The words in the statute should be given their ordinary meaning. NLRB v. Coca-Cola Bottling Co. (1956), 350 U.S. 264, 100 L. Ed. 285, 76 S. Ct. 383; United States v. Marathon Pipe Line Co. (7th Cir. 1978), 589 F.2d 1305.

Szostek’s interpretation of the word “approved” strains its plain meaning.

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Bluebook (online)
445 N.E.2d 860, 112 Ill. App. 3d 477, 68 Ill. Dec. 216, 1983 Ill. App. LEXIS 1460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-vogel-v-fairman-illappct-1983.