IN THE SUPREME COURT
STATE OF NORTH DAKOTA
| State of North Dakota, | |||||
| Plaintiff-Appellee | Supreme Ct. No. 20120338 | ||||
| Vs. | |||||
| Michael Stafford Farrell, Jr., | |||||
| Defendant-Appellant | |||||
| Nelson Co. No. 93-K-02144 | |||||
BRIEF OF PLAINTIFF-APPELLEE
APPEAL FROM ORDER DOCKETING A CIVIL JUDGMENT IN
NELSON COUNTY CASE NO. 32-93-K-02144
| Douglas G. Manbeck |
| Nelson County State's Attorney |
| PO Box 533 |
| Lakota, ND 58344 |
| Phone No. (701) 247-2138 |
| BAR ID No. 03325 |
| Attorney for Plaintiff-Appellee |
| TABLE OF CONTENTS |
| Table of Authorities: (North Dakota Century Code) |
| Statement of the Issues: Paragraphs One and Two |
| Statement of the Case: Paragraphs Three through Eight |
| Statement of the Facts: Paragraphs Three through Eight |
| Argument: Paragraphs Nine through 15 |
| Conclusion: Paragraph 16 |
| Cases |
| Rules |
| Table of Authorities: (North Dakota Century Code) |
| Paragraph Nine: Section 29-26-22(4), NDCC |
| Paragraph Ten: Section 29-26-22.1, NDCC |
| Paragraph 15: Chapter 29-33, NDCC |
| Paragraph 15: Chapter 29-34, NDCC |
Statement of the Issues
1. Is it permissible, pursuant to Section 29-26-22, NDCC, to docket a civil judgment for fines and costs in a criminal case more than ten years after docketing judgment in the criminal case.
2. Is Defendant-Appellant entitled to monetary damages under the Interstate Agreement on Detainers Act.
Statement of the Case and Factual Statement
3. On May 11, 1993, Defendant Farrell entered pleas of guilty to one charge of criminal trespass and one charge of criminal mischief in Nelson County Case No. 32-93-K-2144. As part of the sentence, he was to pay $200 in fines and an additional $200 in costs.
4. On June 21, 1993, a warrant of arrest was issued for Michael S. Farrell, Jr., to answer a complaint charging him with simple assault in Nelson County Case No. 32-93- K-2209. This warrant has not been served on Farrell.
5. At some point in 2012, Farrell sent an undated letter to the Nelson County Clerk of Court requesting information about all outstanding Nelson County warrants, and his unpaid fines and fees.
6. On August 9, 2012, the Nelson County State's Attorney filed a Motion to Dismiss the Nelson County simple assault case numbered 32-93-K-2209. An Order Granting the Motion to Dismiss was signed by District Court Judge Joel D. Medd on August 20, 2012, and filed on August 21, 2012.
7. On August 21, 2012, an Order For Judgment was entered in Nelson County Case No. 32-93-K-02144, criminal trespass and criminal mischief, to docket a civil judgment against Michael Stafford Farrell, Jr. This judgment is for $400 in unpaid fines and administrative fees, and was imposed pursuant to Section 29-26-22, NDCC.
8. Farrell has filed a notice of appeal with the North Dakota Supreme Court claiming the judgment for $400 violates his rights under the Interstate Agreement on Detainers Act, and requests the underlying criminal charges in Case No. 32-93-K-02144 be dismissed and that he receive monetary damages.
Argument
9. The State recognizes that a civil judgment for unpaid fines and fees cannot be docketed more than ten years after the underlying criminal judgment is docketed. Section 29-26-22(4), NDCC, provides, in part, "A judgment that the defendant pay a fine or fees, or both, may be docketed and if docketed constitutes a lien upon the real estate of the defendant in like manner as a judgment for money rendered in a civil action."
10. Section 29-26-22.1, NDCC, however, provides as follows: "The court may, within ten years of the date of entry of a judgment that imposes a fine or
assesses costs against a defendant, order the judgment to be docketed by the clerk of court in the judgment docket maintained pursuant to section 28-20-13 in the same manner in which a civil judgment for money is docketed. The docketing of the judgment has the same effect as the docketing of a civil judgment. The docketed judgment may be docketed in any other county in the same manner, it imposes a lien upon the real property owned by the defendant to the same extent, it is subject to the same statute of limitations, and it is enforceable by execution in the same manner as provided for a civil judgment for money." (Emphasis added).
11. In this case, the civil judgment against Farrell was docketed more than ten years after the 1993 criminal convictions for criminal trespass and criminal mischief were docketed, and is unenforceable as a void civil judgment.
12. Farrell has not suffered any monetary harm by the docketing of a void civil judgment. The State's Attorney of Nelson County shall file a satisfaction of that judgment as soon as possible.
13. Farrell's request under the Interstate Agreement on Detainers Act to have the warrant in Nelson County addressed has been granted by the dismissal of the simple assault charge in Nelson County Case No. 32-K-93-2209.
14. Farrell has entered guilty pleas to the criminal trespass and criminal mischief charges in Nelson County Case No. 32-K-02144. There is no relief available under the Interstate Agreement on Detainers Act to dismiss charges to which the defendant has already entered guilty pleas in open court.
15. There is no provision for recovery of monetary damages in either the Uniform Mandatory Disposition of Detainers Act (Chapter 29-33, NDCC), or under Chapter 29-34, NDCC, Interstate Agreement on Detainers.
Conclusion
16. Based on the foregoing, the State requests the Farrell appeal be dismissed for failure to state any actionable claim for monetary damages or for dismissal of the charges to which he has plead guilty, and because Farrell has received the remedy he requested:
dismissal of the arrest warrant on the one remaining untried criminal charge filed against him in Nelson County, as well as the pending satisfaction of the void civil judgment.
| Dated this 26 day of December, 2012. | |
| Douglas G. Manbeck, Nelson County State's Attorney | |
| PO Box 533, Lakota, ND 58344 | |
| Phone No. (701) 247-2138 | |
| BAR ID No.: 03325 | |
| Attorney for Plaintiff-Appellee | |