State Ex Rel. T.J.H. v. Bills

504 S.W.2d 76, 1974 Mo. LEXIS 557
CourtSupreme Court of Missouri
DecidedJanuary 14, 1974
Docket58361
StatusPublished
Cited by33 cases

This text of 504 S.W.2d 76 (State Ex Rel. T.J.H. v. Bills) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. T.J.H. v. Bills, 504 S.W.2d 76, 1974 Mo. LEXIS 557 (Mo. 1974).

Opinions

SEILER, Judge.

This case involves an original proceeding in prohibition in which the juvenile relator [78]*78sought and obtained the rule of the court of appeals, Kansas City district, to prevent the respondent magistrate from the exercise of an unlawful jurisdiction in criminal causes wherein the relator stood accused of possession and sale of marijuana. The petition alleged that the adjudication under Sec. 211.071, RSMo 1969, V.A.M.S., whereby the juvenile court relinquished jurisdiction to the general law, and thus to the magistrate, did not comport with due process in particulars and that the statute itself was constitutionally infirm because lacking standards for that purpose.

The court of appeals, in an opinion by Shangler, J., entered judgment in prohibition against the respondent magistrate, discontinuing the prosecutions pending before him, and ordered him to transfer the custody of relator to the juvenile court which retained exclusive jurisdiction.

A dissenting opinion was filed by Prit-chard, J., and the cause transferred here on his certification that the majority opinion was in conflict with this court’s decision in In re T.J.H., 479 S.W.2d 433 (Mo. banc 1972), an earlier proceeding in this same case. The cause is thus before us as though here originally, Mo.Const.1945, Art. V, Sec. 10, V.A.M.S. We reach the same conclusion as did the court of appeals and largely for the same reasons, so that it is appropriate for us to borrow liberally from Judge Shangler’s opinion, which we have done.

In re T.J.H., supra, determined that the order of the juvenile court relinquishing jurisdiction to deal with the child under the juvenile act was not a final appealable order and that the proper method of review was by a motion in the circuit court under rule 25.06, V.A.M.R., and that appellate review of a juvenile court dismissal is deferred until the primary issue of guilt has been determined by the criminal law.

Respondent asserted in his motion to dismiss that In re T.J.H. discountenanced any form of interlocutory review of the waiver order, whether by ordinary appellate process or by extraordinary writ. The dissenting opinion by Pritchard, J. agreed, stating, “ . . .If there existed an insufficiency of evidence to support dismissal of the petitions and order for transfer for prosecution under the general law, that fact could not support issuance of the writ because of any excess of exercise of jurisdiction. Such action could only be an abuse of discretion correctible upon appeal. The majority of the court in In re T.J.H., 479 S. W.2d 433, 435 (Banc Mo.1972), held that remedy to be available, ‘[T]he exclusive method of reviewing the Juvenile Court’s waiver order was a motion to dismiss the indictment in the District Court.’ The remedy by appeal is present; it must be deemed to be an adequate remedy, a matter which precludes the issuance of a writ of prohibition . . . ”

The issuance of a writ of prohibition is not an appellate process. A proceeding in prohibition is distinct and independent of the original action. It is substantially a proceeding between two judicial authorities, a superior and an inferior, and is a means by which the superior judicial authority exercises its superintendence over the inferior authority to keep it within the bounds of its lawful jurisdiction. State ex rel. City of Mansfield v. Crain, 301 S.W.2d 415, 418 (Mo.App.1957); State ex rel. Boll v. Weinstein, 365 Mo. 1179, 295 S.W.2d 62, 67 (banc 1956); High’s Extraordinary Legal Remedies (3rd ed.), p. 715. This concept of ordered exercise of jurisdiction, so dominant in the common law, has been adopted into our constitution (Mo.Const.1945, Art. V, Sec. 4, V.A.M.S.) and laws (chapter 530, RSMo 1969, V.A. M.S.) as the primary means by which this court may exercise its superintendent control over the inferior courts. State ex rel. Boll v. Weinstein, supra, l.c. 67; 73 C.J.S. Prohibition § 2, pp. 10-14.

It is true that the writ of prohibition is a discretionary remedy and should be denied where an a4equate remedy by appeal is available. State ex rel. Berbiglia [79]*79Inc. v. Randall, 423 S.W.2d 765 (Mo. banc 1968); State ex rel. Boll v. Weinstein, supra. However, the right of appeal must be an adequate remedy before its availability will preclude resort to prohibition. State ex rel. Berbiglia Inc. v. Randall, supra; State ex rel. Atkins v. Missouri State Board of Accountancy, 351 S.W.2d 483 (Mo.App.1961). Where, as here, the court is wholly wanting in jurisdiction to proceed in the case, appeal is not an adequate remedy because any action by the court is without authority and causes unwarranted expense and delay to the parties involved.

The provisional rule in prohibition issued upon relator’s petition, and presumptive proofs, that the order of the juvenile court relinquishing jurisdiction of relator to the general law under Sec. 211.071 was void on its face as a matter of law because it gave no statement of reasons for that determination, in violation of the due process requirements of the United States Supreme Court and this court. In consequence of the invalid waiver order, the petition further asserts, the juvenile relator remains within the exclusive jurisdiction of the juvenile court and is not amenable to the respondent magistrate’s criminal process. Thus, relator asserts that respondent lacks jurisdiction in the most fundamental sense, that because relator remains within the exclusive jurisdiction of the juvenile court, the conduct alleged against him is not a matter of cognizance for the criminal law and therefore respondent magistrate has no power to adjudicate the felony complaints nor to bind relator to that determination. Secs. 211.031 and 211.061, RSMo 1969, V. A.M.S.; In re V_, 306 S.W.2d 461 (Mo. banc 1957); State ex rel. D_ V_ v. Cook, 495 S.W.2d 127 (Mo. App.1973). In re T.J.H. does not purpose that the remedy of prohibition be withheld from a petitioner upon such a showing nor that a court exercise any less assiduously its constitutional function of superintendence over courts subordinated to its jurisdiction.

There is no danger, as respondent fears, that our holding that a writ of prohibition is available to relator in this case will nullify our decision in In re T.J.H., supra, by making available through use of the extraordinary writs appeal which we there foreclosed. In the case at hand a writ of prohibition is available because relator has shown that the magistrate court is without jurisdiction to proceed further in the case. The juvenile court’s order relinquishing jurisdiction did not set forth findings stating the basis of its decision and consequently was not sufficient to transfer jurisdiction to the magistrate court. The writ of prohibition goes to the sufficiency of the order to transfer, not to its correctness. The situation presented is unique and is unlikely to reoccur after our decision in this case.

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Bluebook (online)
504 S.W.2d 76, 1974 Mo. LEXIS 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-tjh-v-bills-mo-1974.