State v. Wiederien

709 N.W.2d 538, 2006 Iowa Sup. LEXIS 14, 2006 WL 250277
CourtSupreme Court of Iowa
DecidedFebruary 3, 2006
Docket04-0815
StatusPublished
Cited by73 cases

This text of 709 N.W.2d 538 (State v. Wiederien) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wiederien, 709 N.W.2d 538, 2006 Iowa Sup. LEXIS 14, 2006 WL 250277 (iowa 2006).

Opinions

WIGGINS, Justice.

The State charged the defendant with harassment under Iowa Code section 708.7(4) (2003). At the initial appearance, the court issued a no-contact order requiring the defendant not to have contact with the alleged victim. The district court acquitted the defendant of the charge but continued the no-contact order pursuant to section 708.12(2). Because we find the court does not have the authority to extend a no-contact order under section 708.12(2) after an acquittal, we reverse the judgment of the district court and remand the case for the court to issue judgment consistent with this opinion.

I. Background Facts and Proceedings.

The State charged Mary Jane Wiederien with harassment in the third degree under Iowa Code section 708.7(4). The alleged harassment involved her conduct towards her physician. The affidavit attached to the complaint alleged Wiederien contacted her physician’s office via mail and fax, [540]*540appeared to be following her physician, and filed a complaint against her physician with the Iowa Board of Medical Examiners. At Wiederien’s initial appearance, the magistrate issued a no-contact order under section 708.12(1) ordering Wiederien to have no contact with her physician.

After a bench trial, the magistrate found Wiederien not guilty of harassment in the third degree due to the State’s failure to prove intent to harass. Even though the magistrate found Wiederien not guilty of the criminal charge, he found Wiederien’s physician “had a legitimate right to feel nervous and afraid,” and continued the no-contact order for two years from the original issue date, with a limited exception allowing Wiederien to visit her physician’s neighbors.

Wiederien appealed the magistrate’s continuation of the no-contact order to the district court, claiming the magistrate could not continue the no-contact order upon a finding of not guilty. The district court affirmed the magistrate’s decision. Wiederien appeals.

II.Issue.

Wiederien claims “[w]hen a defendant is found not guilty, the court’s jurisdiction ends; therefore, the court no longer has the authority to continue a no contact order.” We distinguish the court’s lack of subject matter jurisdiction from the court’s lack of authority to hear a case. Christie v. Rolscreen Co., 448 N.W.2d 447, 450 (Iowa 1989). “A constitution or a legislative enactment confers subject matter jurisdiction on the courts.” In re Estate of Falck, 672 N.W.2d 785, 789 (Iowa 2003). The Iowa Code gives the district court subject matter jurisdiction to enter a no-contact order against a defendant who is prosecuted for harassment. Iowa Code § 708.12(l)-(2).

“ ‘[LJack of authority to hear [a] particular case,’ ” also referred to as “lack of jurisdiction of the case,” occurs when the court has subject matter jurisdiction but may not be able to act in a particular case for some reason. Christie, 448 N.W.2d at 450. The crux of Wiederien’s appeal is that section 708.12(2) did not give the magistrate authority to continue a no-contact order after the court acquits the defendant of the underlying harassment charge. Consequently, we will determine whether the magistrate had the authority to continue the no-contact order after he acquitted Wiederien on the charge of harassment.

III. Scope of Review.

We must interpret Iowa Code section 708.12 to determine whether the district court has the authority to continue a no-contact order after it acquits a defendant on the underlying harassment charge. Because Wiederien’s appeal raises a question of statutory interpretation, our review is for correction of errors at law. State v. Wolford Corp., 689 N.W.2d 471, 473 (Iowa 2004).

IV. Analysis.

The Code provides:

When a person arrested for harassment in violation of section 708.7 ... is brought before a magistrate for initial appearance ... and the magistrate finds probable cause to believe that a violation of section 708.7 ... has occurred and that the presence of or contact with the defendant poses a threat to the safety of the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s immediate family, the magistrate shall enter an order which shall require the defendant to have no contact with the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s immediate family, and to refrain from harassing [541]*541the alleged victim, persons residing with the alleged victim, or members of the alleged victim’s immediate family, in addition to any other conditions of release determined and imposed by the magistrate under section 811.2.

Iowa Code § 708.12(1). The Code further provides:

The order has force and effect until it is modified or terminated by subsequent court action in a contempt proceeding or the criminal or juvenile court action and is reviewable in the manner prescribed in section 811.2. Upon final disposition of the criminal or juvenile court action, the court shall make a determination whether the no-contact order should he modified or terminated. If a defendant is convicted for, receives a deferred judgment for, or pleads guilty to a violation of section 708.7 ... the court shall modify the no-contact order issued by the magistrate to provide that the no-contact order shall continue in effect for a period of five years from the date that the judgment is entered or the deferred judgment is granted, regardless of whether the defendant is placed on probation.

Id. § 708.12(2) (emphasis added).

When confronted with the task of statutory interpretation, we have stated:

The goal of statutory construction is to determine legislative intent. We determine legislative intent from the words chosen by the legislature, not what it should or might have said. Absent a statutory definition or an established meaning in the law, words in the statute are given their ordinary and common meaning by considering the context within which they are used. Under the guise of construction, an interpreting body may not extend, enlarge or otherwise change the meaning of a statute.

Auen v. Alcoholic Beverages Div., 679 N.W.2d 586, 590 (Iowa 2004) (citations omitted).

We resort to “the rules of statutory construction only when the terms of [a] statute are ambiguous.” IBP, Inc. v. Harker, 683 N.W.2d 322, 325 (Iowa 2001). If reasonable persons can disagree on a statute’s meaning, it is ambiguous. State v. Ahitow, 544 N.W.2d 270, 272 (Iowa 1996). “Ambiguity may arise in two ways: (1) from the meaning of particular words; or (2) from the general scope and meaning of a statute when all its provisions are examined.” Holiday Inns Franchising, Inc. v. Branstad, 537 N.W.2d 724, 728 (Iowa 1995).

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Bluebook (online)
709 N.W.2d 538, 2006 Iowa Sup. LEXIS 14, 2006 WL 250277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wiederien-iowa-2006.