State v. Randolph

800 N.W.2d 150, 2011 Minn. LEXIS 395, 2011 WL 2848738
CourtSupreme Court of Minnesota
DecidedJuly 20, 2011
DocketNo. A10-1557
StatusPublished
Cited by10 cases

This text of 800 N.W.2d 150 (State v. Randolph) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Randolph, 800 N.W.2d 150, 2011 Minn. LEXIS 395, 2011 WL 2848738 (Mich. 2011).

Opinions

OPINION

GILDEA, Chief Justice.

The questions presented in this case are: (1) whether the district court erred in ordering a public defender to represent an indigent misdemeanant on appeal; (2) whether the court erred in ordering the public defender system to pay for the representation costs of that appeal; and (3) whether the court erred in ordering the State Public Defender’s office to pay for the transcripts required for that appeal. [153]*153Because the Legislature has not authorized public defenders to represent indigent misdemeanants on appeal, we reverse the district court’s order appointing the public defender and the district court’s order that the State Public Defender’s office pay for any required transcripts, and we reinstate an earlier order appointing private counsel.

Following a March 31, 2009 incident, the State charged Walter Jamille Randolph with one count of misdemeanor domestic assault, in violation of Minn.Stat. § 609.2242, subd. 1(1) (2010), and one count of driving after suspension, in violation of Minn.Stat. § 171.24, subd. 1 (2010). The State later added one count of misdemeanor criminal damage to property, in violation of Minn.Stat. § 609.595, subds. 2, 3 (2010), and one count of disorderly conduct, in violation of MinmStat. § 609.72, subd. 1(3) (2010). On May 15, 2009, the district court determined that Randolph qualified for a public defender under Minn. Stat. § 611.14(1) (2010) in connection with these charges and appointed the Third District Public Defender to represent Randolph at trial.

Following a jury trial on January 6, 2010, Randolph was convicted of misdemeanor domestic assault. On March 24, 2010, the district court sentenced Randolph to serve seven days in jail, pay a fine, and pay public defender co-pay and reimbursement costs. That same day, Randolph submitted an application for public defender representation on appeal. On March 26, the court reviewed and preliminarily approved Randolph’s application for a public defender for his appeal. The record does not contain any order reflecting this approval. But on March 29, a different district court judge, the Honorable Bernard Borene, issued an order appointing private counsel, Jorma Cavaleri, to represent Randolph on appeal. Judge Borene’s order referenced inapplicable juvenile protection statutes, Minn.Stat. §§ 260C.163, subd. 3, and 260C.331, subd. 3(4) (2010), as authority to appoint private counsel and to require Rice County to pay “reasonable attorney’s fees” to cover the cost of appointed private counsel.1

On May 27, 2010, the Rice County Attorney’s Office submitted a letter to the district court objecting to Judge Borene’s order appointing private counsel to represent Randolph and assigning financial responsibility for that private counsel to the County. The County’s objection was referred to the Honorable Thomas Neuville, and he ordered a hearing to determine who should be appointed to represent Randolph on appeal and which entity is responsible for the costs of Randolph’s representation. The court also joined interve-nors Rice County and the State Board of Public Defense (“the Board”) as parties to the ancillary action to determine which entity has responsibility for Randolph’s representation on appeal.

At the hearing on July 12, 2010, the County and the Board each argued that the other entity was responsible for the costs of Randolph’s representation. After the hearing, the district court vacated the previous order appointing private counsel and ordered the State Public Defender’s office or District Public Defender’s office to either substitute one of its attorneys for the appointed private counsel or to pay appointed counsel “reasonable attorney’s fees.” The court also ordered the State Public Defender’s office to pay transcript costs.

[154]*154The Board filed a notice of appeal to the court of appeals and then filed a petition for accelerated review to this court. We granted the Board’s petition, and the court of appeals stayed Randolph’s appeal pending resolution of the issues raised in the Board’s petition.2

I.

We turn first to the question of whether the district court erred by appointing a public defender to represent Randolph, a misdemeanant, on appeal. Two years ago, we held that indigent persons convicted of misdemeanors are entitled to appointed counsel on first review of their conviction by postconviction proceeding. Morris v. State, 765 N.W.2d 78, 80-83 (Minn.2009). The right to counsel recognized in Morris for first review by post-conviction proceeding logically applies as well to first review by direct appeal, as in this case. The parties do not dispute that Randolph is indigent and therefore entitled to court-appointed counsel under Moms. We also held in Morris that the constitutional right to court-appointed counsel is not necessarily coextensive with the statutory right to public defender representation. Id. at 84; see also State v. Jones, 772 N.W.2d 496, 502 (Minn.2009). Where counsel is constitutionally required and there is no statutory right to a public defender, the district court exercises its inherent authority to appoint private counsel. See In re Welfare of J.B., 782 N.W.2d 535, 540 (Minn.2010).

In this case, the district court appointed a public defender to represent Randolph on appeal. The Board argues that public defender appointment was erroneous because under MinmStat. § 611.14(2) (2010), only felons and gross misdemeanants enjoy the statutory right to public defender representation on appeal. The County responds that Minn.Stat. § 611.18 (2010) requires district courts to order a public defender to represent an otherwise eligible misdemeanant through all stages of his proceeding, including his appeal.

The parties’ arguments present a question of statutory interpretation that we review de novo. J.B., 782 N.W.2d at 539. The object of all statutory interpretation “is to ascertain and effectuate the intention of the legislature.” MinmStat. § 645.16 (2010). When interpreting a statute, we “first assess[] whether the statute’s language, on its face, is clear or ambiguous.” Laase v. 2007 Chevrolet Tahoe, 776 N.W.2d 431, 434 (Minn.2009) (citation omitted) (internal quotations marks omitted). We “construe words and phrases according to their plain and ordinary meaning.” Am. Family Ins. Grp. v. Schroedl, 616 N.W.2d 273, 277 (Minn.2000). A statute is read as a whole and each section is interpreted “in light of the surrounding sections to avoid conflicting interpretations.” Id. “Whenever possible, “[ejvery law shall be construed ... to give effect to all its provisions.” MinmStat. § 645.16. If statutory language is unambiguous on its face, “we do not look further to determine [its] meaning.” In re 2010 Gubernatorial Election, 793 N.W.2d 256, 259 (Minn.2010).

Minnesota Statutes ch. 611 (2010) defines the statutory right to public defender representation. We therefore first look to the plain language of chapter 611 to determine whether Randolph is entitled to public defender representation. The parties [155]*155primarily rely on two provisions in this chapter.

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Cite This Page — Counsel Stack

Bluebook (online)
800 N.W.2d 150, 2011 Minn. LEXIS 395, 2011 WL 2848738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-randolph-minn-2011.