State v. Demers

576 A.2d 1221, 1990 R.I. LEXIS 128, 1990 WL 86094
CourtSupreme Court of Rhode Island
DecidedJune 27, 1990
DocketNo. 89-86-C.A.
StatusPublished

This text of 576 A.2d 1221 (State v. Demers) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Demers, 576 A.2d 1221, 1990 R.I. LEXIS 128, 1990 WL 86094 (R.I. 1990).

Opinion

OPINION

MURRAY, Justice.

This case is before the court on the defendant’s appeal from a Superior Court conviction of count 3 of Criminal Information P2/86-1520A, obstruction of the judicial system. The defendant, Walter L. Demers (Demers), raises numerous issues on appeal. He asserts that count 3 of information P2/86-1520A is fatally defective for lack of essential averments and that G.L.1956 (1981 Reenactment) § 11-32-3 is applicable to obstruction in criminal proceedings and not in civil proceedings. Demers also asserts that the guardian ad litem is not an officer of the court as required for conviction under § 11-32-3. Next Demers argues that the payment of a legal fee ordered by the court, with or without remonstrance, in a lawyer’s office when no proceeding is currently pending does not fall within the scope of § 11-32-3. Demers further alleges that because the evidence presented by the state on the eight counts for which he was acquitted tainted the verdict on count 3, a new trial is required. Accordingly, we advert to a precis of the facts in order to discuss these issues in depth.

During a divorce and custody action in Family Court between Demers and his wife, Demers engaged in conduct with various people that led to his being charged with nine counts, including two felonies, by Criminal Information P2/86-1520A and with one count of a misdemeanor by Criminal Information P3/87-1912A. All counts were consolidated for trial. A jury trial began on September 19, 1988. The jury acquitted Demers on eight counts from Criminal Information P2/86-1520A, and a mistrial was declared in regard to the one misdemeanor count from information P3/87-1912A. Demers was convicted of count 3, obstruction of the judicial system, with respect to the Family Court-appointed guardian ad litem for Demers’ minor children. Demers moved for a new trial, which motion was denied on November 7, 1988. On December 14, 1988, he was sentenced to four years at the Adult Correctional Institutions.

Demers alleges, that the criminal information is fatally defective for lack of specific averments of essential elements. Count 3 of Criminal Information P2/86-1520A charges Demers as follows:

“That WALTER L. DEMERS, alias Wade Demers, alias John Doe, of Providence County, on or about the 2nd day of December, 1985, at Providence, in the [1223]*1223County of Providence, did corruptly, maliciously, recklessly or by threats or force, endeavor to influence, intimidate and impede [the guardian ad litem], an officer of the Family Court of the State of Rhode Island, in the discharge of her duties, in violation of Section 11-32-3 of General Laws of Rhode Island, 1956, as amended (Reenactment of 1981).”

We have stated that “[t]he language of our [obstruction of the judicial system] statute is patterned closely after 18 U.S.C. § 1503, the federal Obstruction of Justice Statute, which indicates to us that the Legislature intended for this state to follow the federal statutory scheme.” State v. Pari, 546 A.2d 175, 180-81 (R.I.1988). Section 11-32-3 contains three clauses, any of which a defendant may violate. In Pari the defendant was charged with a violation of the third clause, known as the omnibus clause. Id.

In this case the applicable clause of § 11-32-3 within which Demers was charged provides:

“Whoever corruptly, maliciously, recklessly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror or officer in or of any court of this state, or officer who may be serving at any examination or other proceeding before any justice, master or other officer of said court, in the discharge of his duty * * * shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than five (5) years, or both.” 1

In determining the essential elements of a charge against a defendant, we look to “the language of the statute setting forth the crime [that] contains all the essential elements of the offense.” State v. Markarian, 551 A.2d 1178, 1180 (R.I.1988). A charge is sufficient if it “(1) contains the elements of the offense charged, (2) sufficiently informs the accused of the charge that he must defend, and (3) enables the accused to plead a judgment under the indictment as a bar to any future prosecution for the same offense.” State v. Concannon, 457 A.2d 1350, 1354 (R.I.1983).

After our review of the language of § 11-32-3 and the language of count 3 of Criminal Information P2/86-1520A, we find that the charge contains all the essential elements required by the statute of the offense of obstruction of the judicial system. Moreover, the language of the charge sufficiently informs Demers of the charge that he must defend and enables Demers to plead a judgment under the information as a bar to any future prosecution for the same offense.

Demers next alleges that § 11-32-3 is applicable to obstruction in criminal proceedings and not in civil proceedings. He asserts that the charge stemmed from his alleged obstruction of a Family Court-appointed guardian ad litem, which is not a criminal matter. We have stated that “[i]n construing a statute, this court must give the words used therein their plain and ordinary meaning. The statute must be applied literally if the statutory language is clear and unambiguous.” Terrano v. State of Rhode Island, Department of Correc[1224]*1224tions, 573 A.2d 1181, 1183 (R.I.1990) (citing State v. Boss, 490 A.2d 34, 36 (R.I.1985)). The language of § 11-32-3 clearly and unambiguously states that obstruction of the judicial system shall include an “officer in or of any court of this state, or officer who may be serving at any examination or other proceeding before any justice, master or other officer of said court.” (Emphasis added.) We find the language of § 11-32-3 indicates a legislative intention to make § 11-32-3 applicable to both civil and criminal proceedings. Had the General Assembly intended to limit § 11-32-3’s application to criminal proceedings, it would have specifically included such language. See, e.g., § 11-32-5, as amended by P.L. 1982, ch. 372, § 1 and § 11-32-6, as amended by P.L.1981, ch. 134, § 1.

Demers next asserts that a guardian ad litem is not an “officer of the court” as contemplated by the General Assembly in § 11-32-3. A guardian ad litem was appointed by the Family Court justice as the Demerses’ children’s lawyer to protect their interests in the pending divorce action between Demers and his wife. When a Family Court justice finds a need for the protection of a child’s rights and interests, he or she will appoint a guardian ad litem to act at his or her direction. As such, a guardian ad litem is not merely a lawyer for the child but is a court-appointed officer of the Family Court. Accordingly we find that the guardian ad litem of the Demers-es’ children was an officer of the court as contemplated by the General Assembly in § 11-32-3.

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United States v. Russell
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837 F.2d 1031 (Eleventh Circuit, 1988)
State v. Lassor
555 A.2d 339 (Supreme Court of Rhode Island, 1989)
Terrano v. State, Department of Corrections
573 A.2d 1181 (Supreme Court of Rhode Island, 1990)
State v. Concannon
457 A.2d 1350 (Supreme Court of Rhode Island, 1983)
State v. Markarian
551 A.2d 1178 (Supreme Court of Rhode Island, 1988)
State v. Jette
569 A.2d 438 (Supreme Court of Rhode Island, 1990)
State v. Pari
546 A.2d 175 (Supreme Court of Rhode Island, 1988)
State v. Boss
490 A.2d 34 (Supreme Court of Rhode Island, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
576 A.2d 1221, 1990 R.I. LEXIS 128, 1990 WL 86094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-demers-ri-1990.