State v. Harris

612 So. 2d 1177, 1992 Ala. LEXIS 1541, 1992 WL 371478
CourtSupreme Court of Alabama
DecidedDecember 18, 1992
Docket1911340
StatusPublished
Cited by4 cases

This text of 612 So. 2d 1177 (State v. Harris) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Harris, 612 So. 2d 1177, 1992 Ala. LEXIS 1541, 1992 WL 371478 (Ala. 1992).

Opinions

PER CURIAM.

The Honorable Joseph Phelps, Judge of the Fifteenth Judicial Circuit, petitions this Court for a writ of prohibition, or, in the alternative, a writ of mandamus, directed to the Court of Criminal Appeals. Judge Phelps ordered the Montgomery County office of the Alabama Board of Pardons and Paroles (“the Board”) to “intensively supervise” William Harris as a condition of Harris’s remaining free on bail pending the trial of criminal charges against him.1 In response to a petition by the Board, the Court of Criminal Appeals prohibited Judge Phelps from enforcing that order. Judge Phelps now asks this Court to prohibit the Court of Criminal Appeals from enforcing its order, or to order that court to set aside its order.2

This controversy began when defendant William Harris, prior to his criminal trial in the Fifteenth Judicial Circuit, allegedly made threats to injure himself, his wife, and his immediate family. Upon receiving this information, the State moved to revoke, or to increase the amount of, Harris’s bail. After a hearing, Judge Phelps denied the State’s motion, holding that he “had no basis to hold the defendant without bond.” Judge Phelps did, however, wish to impose certain conditions on Harris’s bail in order to ensure the safety of the parties involved. To achieve this, he ordered Harris to have no contact with his wife; he also ordered the Board to “intensively supervise” Harris until his trial date, and to report to the district attorney any deviation by Harris from the order.

The Board objected, asserting that the court had no authority to order such supervision before the defendant was convicted. The Board also believed that such precon-viction supervision might deprive Harris of a constitutionally protected liberty interest. The Board further objected that it might be subject to liability either to Harris under 42 U.S.C. § 1983 or to a third party for negligent supervision if Harris were to injure a third party while under the supervision of the Board. Judge Phelps insisted on compliance with the order and threatened to use his contempt powers if the Board refused to obey.

The Board petitioned the Court of Criminal Appeals for a writ of prohibition. That court issued the writ and prohibited Judge Phelps from enforcing his order. Pursuant to Rule 21(e), Ala.R.App.P., Judge Phelps now petitions this Court for a writ of prohibition or, in the alternative, a writ of mandamus.

Judge Phelps first argues that he derives his authority to compel the Board to “intensively supervise” Harris prior to his trial from the language of Ala.Code 1975 § 15-[1179]*117922-35, and Rules 7.2, 7.3(b), and 7.5, Ala.R. of Crim.P.

Initially, we must note that a trial judge normally has the authority to impose on a defendant’s bail any conditions that he believes necessary to preserve the safety of the public and to assure that the defendant will return to court at the appointed time. Rules 7.2 and 7.3(b), Ala.R.Crim.P.; see also Shabazz v. State, 440 So.2d 1200, 1202 (Ala.Cr.App.1983). Judge Phelps seeks to couple this inherent authority of the judiciary to set conditions on bail with the legislative directive in § 15-22-35 that the officers of the Board cooperate with the judiciary. Section 15-22-35 provides:

“Parole officers employed by the board of pardons and paroles, in addition to supervision of parolees under the direction of the board, shall cooperate with courts exercising criminal jurisdiction in supervising probationers whose sentences have been suspended or entering of judgment of conviction has been postponed by such courts, and they shall make such reports to the courts as the board, in cooperation' with the courts, may direct.”

Compare Ala.Code 1975, § 15-22-56(a) (Supp.1991), which gives the Board authority to determine which persons under the supervision of its probation and parole officers are deserving of “intensive supervision.” Judge Phelps does not rely on § 15-22-56(a) as authority for his actions, however.

The express language of § 15-22-35 undermines Judge Phelps’s contention. The cooperation between the Board and the court system mandated- by the statute comes into play only after a defendant has been duly convicted; there is no suggestion that the Board possesses any authority over preconviction detainees. In fact, all of the general duties enumerated in the general provision outlining the duties of the Board, Ala.Code 1975, § 15-22-24, presuppose a conviction. Judge Phelps has presented no other authority to support a conclusion that the legislature intended for § 15-22-35 to apply in cases where a defendant has not yet been convicted.

Judge Phelps further argues that even if § 15-22-35 did not grant him the power to order the Board to “intensively supervise” Harris, he was justified in his actions because the Board has assumed this supervisory duty in a contract with the Montgomery County Commission (“the County”).

The Board does have the authority to enter into contracts to further its objectives. Ala.Code 1975, § 15-22-24(d). Moreover, a person or organization generally may voluntarily undertake responsibility for a defendant; such responsibility may include furnishing security to assure that the defendant returns to court at the appointed time after being released on bail. Rule 7.1(e), Ala.R.Crim.P. More specific and germane to the present controversy is Rule 7.3(b)(3), Ala.R.Crim.P., which clearly allows such an assignment of supervisory duty by a judge as a condition of an order of release. This rule provides:

“(b) Additional Conditions. An order of release may include any one or more of the following conditions reasonably necessary to secure a defendant’s appearance:
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“(3) Placing the defendant in the custody of a designated person or organization agreeing to supervise the defendant.”

(Emphasis added.)

The Board argues that Judge Phelps’s order makes it an involuntary surety and that there is no authority in Rule 7.1(e), Rule 7.3(b)(3), or elsewhere for a court to make a person or entity serve involuntarily as a surety. The Board states that Judge Phelps released Harris on a $500 unsecured bond. It argues that, instead of requiring it to become an involuntary surety in response to the State’s motion to revoke or to increase Harris’s bond, Judge Phelps should have increased the bond and required surety. While these arguments generally have merit, they do not respond to Judge Phelps’s contention.

Judge Phelps contends that his actions were within his discretion, because, he says, Rule 7.3(b)(3) allows him to order such supervision, and because the Board [1180]*1180has in fact agreed to supervise pretrial detainees in certain circumstances.

The contract between the County and the Board, entered into on February 3, 1992, provides that the Board shall furnish certain, specific services to the County with respect to pretrial detainees.3 In pertinent part, the contract provides as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
612 So. 2d 1177, 1992 Ala. LEXIS 1541, 1992 WL 371478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harris-ala-1992.