Winterbottom v. Ronan

258 P.3d 182, 227 Ariz. 364, 609 Ariz. Adv. Rep. 54, 2011 WL 2409662, 2011 Ariz. App. LEXIS 98
CourtCourt of Appeals of Arizona
DecidedMay 26, 2011
Docket1 CA-SA 11-0101, 1 CA-SA 11-0105
StatusPublished
Cited by4 cases

This text of 258 P.3d 182 (Winterbottom v. Ronan) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winterbottom v. Ronan, 258 P.3d 182, 227 Ariz. 364, 609 Ariz. Adv. Rep. 54, 2011 WL 2409662, 2011 Ariz. App. LEXIS 98 (Ark. Ct. App. 2011).

Opinion

OPINION

KESSLER, Judge.

¶ 1 Petitioners Laura Winterbottom, Chris Winterbottom, and Barbara Winterbottom Stapp (“Crime Victims”) filed a petition for special action in this Court seeking reversal *365 of a superior court order denying their motion for a protective order to prevent their deposition. 1 We hold the Victims Bill of Rights does not preclude the deposition of the Crime Victims in this case because they will not be deposed by the criminal defendant, the criminal defendant’s attorney, or another person acting on behalf of the criminal defendant or in the criminal defendant’s interest. Accordingly, we accept jurisdiction of the petition for special action but deny relief from the superior court’s denial of a protective order.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 The State charged Jon Winterbottom (‘Winterbottom”) with attempted molestation of his two step-daughters in 2000. Winter-bottom pled guilty. In 2004, the stepdaughters, through their mother, filed suit against Jon for tort damages arising from the molestation. During the tort action, Winterbot-tom’s attorney, John Lee (“Lee”), allegedly failed to respond to discovery requests. He also requested and received leave to withdraw from the representation after Winter-bottom’s mother informed him that she could no longer afford to continue funding his defense. Winterbottom represented himself in propria persona for approximately a year after Lee withdrew, and settled the suit for 2.2 million dollars. As part of the settlement, Winterbottom agreed to pay $111,500 and in exchange, the Crime Victims agreed not to execute on the judgment against the remainder of Winterbottom’s assets except for one-third of any money he might receive as a malpractice award against Lee.

¶ 3 Winterbottom filed a legal malpractice complaint against Lee in January 2010, alleging that Lee committed professional negligence by failing to adequately respond to discovery requests and instead moving to withdraw as Winterbottom’s defense counsel. Lee’s counsel subpoenaed the Crime Victims for deposition. The Crime Victims filed a motion for protective order, arguing that the deposition violated the Crime Victims’ rights established in Article 2, section 2.1 of the Arizona Constitution, and that depositions related to their victimization would be unduly embarrassing pursuant to Arizona Rule of Civil Procedure 26(e). The superior court denied the motion for a protective order barring the depositions, but limited the depositions so Lee’s malpractice counsel could not ask the victims about the molestation. The Crime Victims filed a petition for special action. We stayed discovery until we could decide this special action.

ANALYSIS

¶ 4 We accept jurisdiction of the Crime Victims’ petition for special action. The Crime Victims have standing to bring a special action to enforce their rights. Ariz. R.P. Spec. Act. 2(a)(2). Like the denial of a testimonial privilege, denial of the right not to be deposed or interviewed cannot be remedied on appeal, so special action jurisdiction is appropriate. See Sun Health Corp. v. Myers, 205 Ariz. 315, 317, ¶ 2, 70 P.3d 444, 446 (App.2003).

¶ 5 We start (and end) our analysis with the language of the constitutional portion of the Victims Bill of Rights and its implementing statutes. Ora’ goal when interpreting a statute or constitutional provision is to fulfill the intent of the authors and voters who approved it. Bilke v. State, 206 Ariz. 462, 464, ¶ 11, 80 P.3d 269, 271 (2003) (quoting State v. Williams, 175 Ariz. 98, 100, 854 P.2d 131, 133 (1993)); State v. Lee, 226 Ariz. 234, 237, ¶ 9, 245 P.3d 919, 922 (App.2011). If the language of those provisions is clear, they are the best indicator of the authors’ intent and as a matter of judicial restraint we “must ‘apply it without resorting to other methods of statutory interpretation,’ unless application of the plain meaning would lead to impossible or absurd results.” N. Valley Emergency Specialists, L.L.C. v. Santana, 208 Ariz. 301, 303, ¶ 9, 93 P.3d 501, 503 (2004) (citation omitted); State v. Roscoe, 185 Ariz. 68, 71, 912 P.2d 1297, 1300 (1996). “It is only *366 where there is no doubt as to the intention of those who frame an amendment or statute that a court may modify, alter, or supply words that will ‘obviate any repugnancy to or inconsistency] with such intention,’ and by so doing permit ‘particular provisions’ to be read or construed otherwise than ‘according to their literal meaning.’ ” Bd. of Supervisors v. Pratt, 47 Ariz. 536, 542-43, 57 P.2d 1220, 1223 (1936) (quoting Clark v. Boyce, 20 Ariz. 544, 185 P. 136 (1919)). This Court’s duty is to faithfully apply the constitution and not to add to it, and we therefore decline to stretch the constitution beyond its natural meaning. See also Jett v. City of Tucson, 180 Ariz. 115, 119, 882 P.2d 426, 430 (1994) (holding that plain meaning of unambiguous constitutional provision should be followed as written).

¶ 6 The relevant constitutional provision of the Victims Bill of Rights provides that “a victim of crime has a right ... [t]o refuse an interview, deposition, or other discovery request by the defendant, the defendant’s attorney, or other person acting on behalf of the defendant.” Ariz. Const. Art. 2, sec. 2.1(A)(5). The implementing statute similarly provides that “[u]nless the victim consents, the victim shall not be compelled to submit to an interview on any matter ... that is conducted by the defendant, the defendant’s attorney or an agent of the defendant.” Ariz. Rev.Stat. § 13-4433(A) (2010). “This plain language limits the scope of a victim’s right ... by the identity of the person requesting the interview—the defendant or the defendant’s representative.” Lee, 226 Ariz. at 238, ¶ 10, 245 P.3d at 923. Because the deposition in this ease was not sought by the criminal defendant, his representative or someone acting on the criminal defendant’s behalf, but rather by a person now adverse to the criminal defendant, the constitutional and statutory provisions do not apply by their own terms. 2

¶ 7 The Crime Victims contend that the Victims Bill of Rights should apply because the party seeking to depose them, Lee, previously represented Winterbottom in the tort action. 3 Neither the text of the Arizona Constitution nor the implementing statutes justifies their position. Nor can we say that the result here leads to an absurd result.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re the ESTATE OF Sanford M. BOLTON
315 P.3d 1241 (Court of Appeals of Arizona, 2013)
Marisol Metzler v. Bci Coca-Cola Bottling Co. of Los Angeles
310 P.3d 9 (Court of Appeals of Arizona, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
258 P.3d 182, 227 Ariz. 364, 609 Ariz. Adv. Rep. 54, 2011 WL 2409662, 2011 Ariz. App. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winterbottom-v-ronan-arizctapp-2011.