State Ex Rel. Board of County Commissioners v. Williams

2007 NMCA 036, 155 P.3d 761, 141 N.M. 356
CourtNew Mexico Court of Appeals
DecidedJanuary 9, 2007
Docket25,819
StatusPublished
Cited by15 cases

This text of 2007 NMCA 036 (State Ex Rel. Board of County Commissioners v. Williams) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Board of County Commissioners v. Williams, 2007 NMCA 036, 155 P.3d 761, 141 N.M. 356 (N.M. Ct. App. 2007).

Opinion

OPINION

FRY, Judge.

{1} In this case we are asked to determine whether the department of corrections is responsible for the costs of housing parole violators who are incarcerated in a county jail at the request of the department. We hold that it is. Respondents, whom we refer to collectively as “Corrections,” are the secretary of the corrections department, the director of that department’s probation and parole division, and the district supervisor of San Miguel County’s probation and parole division. Corrections appeals from a writ of mandamus and the corresponding written decision issued in favor of Petitioners, which we refer to collectively as “the County” and which include the San Miguel County board of county commissioners and the New Mexico Association of Counties. The district court determined that Corrections must pay for the costs associated with the confinement of parolees held in any county detention facilities. We affirm.

BACKGROUND

1. The First Lawsuit

{2} The County brought suit against Corrections prior to its initiation of the present action. We refer to the initial lawsuit as the “first lawsuit.” The first lawsuit was in the form of a complaint for declaratory and injunctive relief. We briefly review the proceedings in the first lawsuit because Corrections argues on appeal that the first lawsuit precluded the County from bringing the present lawsuit in accordance with the doctrines of res judicata and collateral estoppel.

{3} The complaint in the first lawsuit alleged that Corrections had been using county jails to hold parolees alleged to have violated their parole and that “[ejxcept in rare instances, [Corrections has] adopted a practice of refusing to compensate or reimburse” the County for the costs associated with housing these parolees. The County sought a declaratory judgment that Corrections was responsible for the costs of housing parolees, “with such cost to be negotiated between the parties, or set by the court in the absence of agreement.”

{4} Corrections filed motions to dismiss the first lawsuit and argued that the County’s suit was barred by sovereign immunity. At the hearing on the motions, the district court determined that sovereign immunity barred the suit but suggested that the merits of the case might be reached via a petition for writ of mandamus. The County indicated it could quickly amend the existing complaint to add a mandamus claim. Corrections objected to amendment on the basis that “[a] petition for writ of mandamus is an entirely different cause of action and theory of law” with “an entirely different procedure for response,” and stated that the County could file such a petition as a separate lawsuit. The County’s attorney had no objection to filing a separate lawsuit “as long as the judgment specifies that it’s without prejudice to file such an action.” The district court replied:

No, my ruling on this has absolutely nothing to do with mandamus. It’s just ruling that a declaratory judgment! — ]that sovereign immunity does preclude declaratory judgment. It would have no bearing whatsoever on you. There’s no statute of limitation, no nothing that would preclude you from filing a totally separate action on a mandamus if you chose to do so.

The district court subsequently said that its ruling would be with prejudice only as to the declaratory judgment complaint filed in the first lawsuit.

{5} At the presentment hearing, the district court clarified that its ruling was not on the merits but simply a determination that “declaratory judgment is not the appropriate cause ■ of actionf.] ... I haven’t ruled that the issues themselves are[ ] barred by sovereign immunity.” Later in the hearing, the district court stated, “I agree this does not preclude your considering mandamus or prohibition, whether those lie or not____ [A]nd I’m not ruling on that, but this certainly does not preclude your attempting that anyhow, if that is an appropriate remedy.” The district court’s written order dismissed the complaint and found “that the claims in the Complaint for declaratory judgment against [Corrections] are barred in that [Corrections is] entitled to sovereign immunity.” The order went on to conclude that “[t]his ruling is only on the declaratory judgment issue.”

2. The Present Litigation

{6} On the day of the presentment hearing in the first lawsuit, the County filed this suit as a verified petition for a writ of mandamus and a writ of prohibition, which made the same general allegations as the complaint in the first lawsuit. The County sought a writ compelling Corrections to pay the costs associated with housing parolees. The district court entered an alternative writ of mandamus or writ of prohibition and scheduled the matter for hearing. Corrections filed an answer and a motion to dismiss, raising essentially the same issues Corrections now raises on appeal. After a hearing, the district court entered the peremptory writ of mandamus and prohibition and a corresponding written decision. Corrections appeals.

DISCUSSION

{7} As an initial matter, we consider the proper nomenclature for the district court’s action in the present case. Although the parties do not dispute the district court’s description of its decision as a writ of mandamus or prohibition, we believe the proper terminology for the district court’s action is mandamus, not prohibition. See Stanley v. Raton Bd. of Educ., 117 N.M. 717, 718, 876 P.2d 232, 233 (1994) (explaining that writs of

360 141 NEW MEXICO REPORTS prohibition are “extraordinary writ[s], issued by a superior court to an inferior court” and that mandamus .includes an order requiring a public functionary “[to restore] the complainant to rights or privileges of which he has been illegally deprived.” (internal quotation marks and citations omitted; first alteration in original)). Therefore, in this opinion we refer to the district court’s action as the issuance of a writ of mandamus. {8} Corrections makes an argument related to the merits of the writ of mandamus and several procedural sub-arguments. It also argues that the writ is barred by principles of sovereign immunity or precluded by the doctrines of collateral estoppel or res judicata. We address each argument in turn. 1. Merits of the Writ [1]{9} Corrections argues that the actions required by the writ were not ministerial or “specially enjoined by law.” In order to address this contention, we first consider the nature of mandamus in New Mexico. A writ of mandamus “may be issued to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station.” NMSA 1978, § 44-2-4 (1884). “Mandamus is appropriate to compel the performance of an affirmative act by another where the duty to perform the act is clearly enjoined by law and where there is no other plain, speedy and adequate remedy in the ordinary course of law.” West v. San Jon Bd. of Educ., 2003-NMCA-130, ¶ 9, 134 N.M. 498, 79 P.3d 842 (internal quotation marks and citation omitted); see also State ex rel. Sandel v. N.M. Pub. Util. Comm’n, 1999-NMSC-019, ¶ 11, 127 N.M.

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Cite This Page — Counsel Stack

Bluebook (online)
2007 NMCA 036, 155 P.3d 761, 141 N.M. 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-board-of-county-commissioners-v-williams-nmctapp-2007.