Voth v. Snake River Correctional Institution

15 P.3d 629, 171 Or. App. 392, 2000 Ore. App. LEXIS 2028
CourtCourt of Appeals of Oregon
DecidedDecember 13, 2000
DocketM99-11-051C; CA A109413
StatusPublished
Cited by1 cases

This text of 15 P.3d 629 (Voth v. Snake River Correctional Institution) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Voth v. Snake River Correctional Institution, 15 P.3d 629, 171 Or. App. 392, 2000 Ore. App. LEXIS 2028 (Or. Ct. App. 2000).

Opinion

HASELTON, J.

Plaintiff appeals from the trial court’s order denying his motion for a waiver or deferral of fees in this civil action. See Stanwood v. Multnomah County, 135 Or App 58, 898 P2d 196 (1995).1 He assigns error to the trial judge’s failure to rule on a concurrently tendered motion to disqualify the trial judge. Plaintiff asserts, particularly, that it was error for the trial court to rule on the motion to waive or defer fees without first — or, indeed, ever — acting on the motion to disqualify. We vacate the court’s denial of the motion to waive or defer fees and remand for the trial court to determine the motion to disqualify.

On or about November 10, 1999, plaintiff, an inmate in the Snake River Correctional Institution, tendered to the clerk of the Malheur County Circuit Court a complaint for “statutory negligence and negligence per se,” against the defendant correctional institution. That complaint alleged that defendant had unlawfully impaired plaintiffs access to prison legal resources and sought damages for that alleged interference. With that complaint, plaintiff tendered a motion to disqualify Judge Frank Yraguen, an affidavit in support of that disqualification motion, a “Motion for Leave to Proceed In Forma Pauperis,”2 and an affidavit of indigency. Plaintiff did not tender a filing fee with his complaint.

[395]*395The clerk’s office of Malheur County Circuit Court did not file the complaint because plaintiff had not tendered a filing fee. Instead, consistent with the circuit court’s local practice, the clerk’s office, “for reference purposes,” placed plaintiffs pleadings in a file with the case designation “M99-11-051C.” See Curtis v. Lampert, 171 Or App 336, 15 P3d 626 (2000) (describing Malheur County Circuit Court practice for processing inmate complaints tendered without filing fee but with motion to waive or defer fees).

On November 10, 1999, Judge Yraguen, without elaboration, denied plaintiffs motion for waiver or deferral of fees. The trial court administrator subsequently informed plaintiff that, given that denial, “you will need to pay the $167.00 filing fee before the complaint can be filed.” Neither Judge Yraguen nor any other judge ever acted on plaintiffs motion to disqualify Judge Yraguen.

On December 8, 1999, plaintiff petitioned the Supreme Court for an alternative writ of mandamus, challenging the circuit court’s failure to act on his motion to disqualify Judge Yraguen before ruling on his motion for waiver or deferral of fees. While that mandamus proceeding3 was pending, on February 1, 2000, Judge Yraguen sua sponte issued an extensive “Order Vacating Previous Orders Denying Waiver of Filing Fees/Renewed Orders Upon Reconsideration Denying Waiver of Filing Fees.”4 The essence of that February 1 order, which is described in greater detail below, is that it was unnecessary for the court to act on the motion to disqualify because plaintiff had never “appeared” before the court for purposes of the judicial disqualification statutes, ORS 14.210 et seq., in that plaintiffs complaint had never been filed. Alternatively, the order posits that the determination of a motion for waiver or deferral of fees is purely “ministerial” and, thus, the pendency of the motion to disqualify did not preclude the trial court from disposing of the motion to waive or defer fees. See, e.g., Creel v. Shadley, 266 [396]*396Or 494, 497, 513 P2d 755 (1973) (“As a general rule, when a judge has been disqualified, he is without authority to act further in any judicial capacity in the case, but he is not prevented from performing formal or ministerial acts.”).

On February 16, 2000, the Supreme Court denied plaintiffs petition for writ of mandamus, concluding that plaintiff had a plain, adequate, and speedy legal remedy:

“(1) [RJelator may appeal from the order denying his motion for leave to proceed in forma pauperis, (2) on such appeal, relator may raise the issue of the trial judge’s failure to act on the motion to disqualify, and (3) such an appeal is a plain, adequate and speedy remedy.”5

Plaintiff then filed this appeal.

On appeal, plaintiff argues that the trial judge erred in denying plaintiffs motion to waive or defer fees without first — or, indeed, ever — acting on plaintiffs motion to disqualify the same judge. Before addressing the merits of that argument, we revisit the February 1 order, which describes the trial court’s rationale.

That order first explains the court’s reasoning for denying the motion to waive or defer fees. In particular: (1) The court judicially noticed other lawsuits that plaintiff had initiated and observed that plaintiff “has had and obviously continues to have access to the law library at the Snake River Correctional Institution.” (2) Alternative mechanisms existed to remedy the alleged deprivation of access to legal resources, including instituting a habeas corpus proceeding and, with respect to plaintiffs appeals, seeking time extensions from the Oregon Court of Appeals. (3) The court had discretion to decline to waive or defer filing fees “so long as the exercise of such discretion is not arbitrary or capricious.” And (4), the court declined to waive fees because, under the totality of the circumstances, “Petitioner need not be [397]*397accorded the right to, in addition, file civil actions for damages against the State of Oregon without paying the requisite filing fees.”

The court then noted that, under the prevailing practice in Malheur County Circuit Court, when a complaint was tendered without a filing fee, a “new case” would not be “initiated” unless the court allowed a motion for waiver or deferral of fees. Given that practice, the court reasoned that, in those cases where the motion to waive or defer fees was denied, precluding the filing of the complaint, the plaintiff had not “appealed]” before the court for purposes of the disqualification statutes. See ORS 14.260(1). Consequently, the protections of those statutes could not be invoked:

“ ‘Appearing,’ as the term is used in ORS 14.260(1), does not appear to have been interpreted by Oregon’s Appellate Courts. ‘Appearance’ in Black’s Law Dictionary, Seventh Edition, means ‘a coming into court as a party or interested person.’
«* * * * *
“This Court views the term ‘appearing’ in ORS 14.260(1) as involving more than merely tendering to the court documents which may, depending upon the allowance of a waiver or deferral of filing fees, result in a filed case.”

Finally, and alternatively, the court noted that disqualification does not preclude judicial action on purely ministerial matters and that, in the court’s view:

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Related

Williams v. Lampert
19 P.3d 364 (Court of Appeals of Oregon, 2001)

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Bluebook (online)
15 P.3d 629, 171 Or. App. 392, 2000 Ore. App. LEXIS 2028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/voth-v-snake-river-correctional-institution-orctapp-2000.