State v. Bloomer

973 P.2d 1062, 94 Wash. App. 246
CourtCourt of Appeals of Washington
DecidedJanuary 12, 1999
DocketNo. 16252-4-III
StatusPublished
Cited by16 cases

This text of 973 P.2d 1062 (State v. Bloomer) 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
State v. Bloomer, 973 P.2d 1062, 94 Wash. App. 246 (Wash. Ct. App. 1999).

Opinion

Schultheis, C.J.

— Chris Bloomer appeals the superior court’s determination that he was in contempt for failure to make child support payments as. ordered by the Office of Support Enforcement. He contends the trial court admitted that he was unable to comply with the child support order and thus abused its discretion when it found him in contempt. We vacate the order of dismissal and reverse and remand the order of contempt.

Mr. Bloomer is the father of a child born in February 1992. Sometime after the child’s birth the State of Washington, through the Office of Support Enforcement, issued an administrative order requiring Mr. Bloomer to pay $427 per month as child support. Approximately four years later the State, through the Yakima County Prosecuting Attorney’s Office, filed a petition for contempt alleging Mr. Bloomer had not made payments pursuant to the child support order.

A show cause hearing was conducted on June 13, 1996, by a Yakima County Superior Court Commissioner. An order was entered requiring Mr. Bloomer to appear at a review hearing approximately six weeks later. Additionally, [249]*249he was required to pay $200 toward his child support obligation prior to the review hearing and register with the Job Service Center of the Department of Employment Security. At the time of the next review hearing Mr. Bloomer had paid only $150. The court accepted the partial payment and allowed him additional time to pay the remaining amount. Another review hearing was set two months later in order to monitor Mr. Bloomer’s compliance. However, he made no further child support payments.

Because Mr. Bloomer did not pay the money owed nor comply with the terms of the trial court’s original order, the State requested a finding of contempt with the proposed sanction of jail time. Mr. Bloomer was assigned a court-appointed attorney to represent him at the contempt hearing.

Prior to the hearing, Mr. Bloomer filed a motion asking the State to declare, with particularity, the nature of the next proceeding and the sanctions sought. The trial court made a finding the contempt action was “remedial civil contempt.” After a full hearing the court found Mr. Bloomer in contempt for nonpayment of child support but did not impose the jail sanction. He was ordered to pay $25 per week in child support, apply for three jobs per week and ordered to return to court in five weeks for another review hearing. Mr. Bloomer filed a timely appeal of this order.

During this appeal process, review hearings on Mr. Bloomer’s contempt action continued to occur, which required Mr. Bloomer’s participation. At the final hearing the trial court concluded Mr. Bloomer had complied with the terms of the court’s order of contempt and dismissed the action. The State brought a motion on the merits seeking to dismiss the appeal as moot since the order of contempt was dismissed. The motion was granted. Mr. Bloomer filed a motion to modify, which was also granted.

Mr. Bloomer first contends that, pursuant to RAP 7.2(e), the trial court should not have entered the motion to dismiss the contempt action, which was by that time on appeal with this court. We agree.

[250]*250RAP 7.2(e) applies to the authority of the trial court to modify a judgment or motion after an appellate court accepts review. The rule states in part: “If the trial court determination will change a decision then being reviewed by the appellate court, the permission of the appellate court must be obtained prior to the formal entry of the trial court decision.” RAP 7.2(e) (emphasis added).

In order to determine whether the trial court complied with the requirements set forth in RAP 7.2(e), we must determine whether its dismissal of the contempt order was a determination that affected the outcome of a decision under review. We conclude it did. In a prior hearing in this matter, an appellate court commissioner dismissed Mr. Bloomer’s appeal as moot based on the trial court’s decision to dismiss the order of contempt. The State should have moved this court for permission to enter the trial court’s dismissal prior to formal entry of the order to dismiss Mr. Bloomer’s contempt action. As such, the order of dismissal is vacated.

Next, Mr. Bloomer maintains that while the trial court made a finding that the underlying action was a remedial contempt action, factually, it was a punitive contempt action that was not supported by the evidence. The trial court’s finding is proper.

A finding of contempt is reviewed under the abuse of discretion standard. In re Marriage of James, 79 Wn. App. 436, 440, 903 P.2d 470 (1995). A finding of contempt will be upheld on review if the appellate court finds the order is supported by a proper basis. State v. Hobble, 126 Wn.2d 283, 292, 892 P.2d 85 (1995) (citing State v. Boatman, 104 Wn.2d 44, 46, 700 P.2d 1152 (1985)).

At Mr. Bloomer’s request, prior to the contempt hearing, the court made a finding that the State’s lawsuit dealt with the issue of civil contempt and that any sanctions imposed would be remedial rather than punitive. A remedial sanction is one “imposed for the purpose of coercing performance when the contempt consists of the omission or refusal to perform an act that is yet in the person’s power to perform.” RCW 7.21.010(3).

[251]*251In order to determine whether a contempt sanction is civil or criminal, courts look to the substance of the proceeding and the nature of the relief the proceeding will afford. Civil contempt is intended to “coerce compliance with a lawful court order . . . P In re Personal Restraint of King, 110 Wn.2d 793, 799, 756 P.2d 1303 (1988).

Mr. Bloomer argues this contempt was punitive, thus criminal in nature. As such, he contends he was denied the constitutional due process such a charge warrants. We disagree. A civil contempt sanction is coercive and remedial and is usually for the benefit of another party. On the other hand, a criminal sanction is punitive and imposed to vindicate the authority of the court.

Here, the court made findings and conclusions regarding Mr. Bloomer’s compliance with a lawful administrative order of child support. It found Mr. Bloomer had the skills and the ability to earn money. It found he had not made a diligent effort to comply with the support order. As such, he was properly found in contempt pursuant to RCW 7.21.010(l)(b).1

Regardless of whether the contempt action was remedial or punitive, Mr. Bloomer claims he did not receive adequate notice of the contempt action in violation of his rights of due process. We disagree.

Mr. Bloomer was entitled to notice of the time and place of the hearing and the nature of the contempt charge so he could adequately prepare a defense. He was properly served with copies of the State’s petition for contempt as well as its motion and declaration for order to show cause regarding contempt. These documents required Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Health, V Daybreak Youth Services
Court of Appeals of Washington, 2025
Sharon Doerr,respondent V Del Ray Properties, Inc.
Court of Appeals of Washington, 2019
Larry Spokoiny v. Washington State Youth Soccer Assn
Court of Appeals of Washington, 2019
In re Rapid Settlements, LTD's Application for Approval of Transfer
359 P.3d 823 (Court of Appeals of Washington, 2015)
In Re The Marriage Of: Becky Develle v. Marc Develle
Court of Appeals of Washington, 2015
State of Washington v. Richard Michael Payne
Court of Appeals of Washington, 2015
City of Seattle v. Holifield
208 P.3d 24 (Court of Appeals of Washington, 2009)
In re the Marriage of Didier
134 Wash. App. 490 (Court of Appeals of Washington, 2006)
In Re Marriage of Didier
140 P.3d 607 (Court of Appeals of Washington, 2006)
In Re Dependency of AK
125 P.3d 220 (Court of Appeals of Washington, 2005)
In re the Dependency of A.K
130 Wash. App. 862 (Court of Appeals of Washington, 2005)
In Re Rebecca K.
2 P.3d 501 (Court of Appeals of Washington, 2000)
State Ex Rel. Shafer v. Bloomer
973 P.2d 1062 (Court of Appeals of Washington, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
973 P.2d 1062, 94 Wash. App. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bloomer-washctapp-1999.