Johnson v. Tenth Judicial District Court of Appeals at Waco
Johnson v. Tenth Judicial District Court of Appeals at Waco
Opinion of the Court
OPINION
delivered the opinion of the Court
In this mandamus proceeding, Matt Johnson, Judge of the 54th District Court of McLennan County (relator), seeks relief from an order entered by the Tenth Court of Appeals in Waco (respondent). In a mandamus proceeding below, the Tenth Court of Appeals required Judge Johnson to vacate an order that he had entered directing the Texas Department of Criminal Justice (TDCJ) to withdraw funds from the inmate trust-fund account of Steven Frank Goad (real party in interest) and forward those funds to McLennan County in satisfaction of an assessment of costs for a pair of indecency with a child convictions Goad incurred in the 54th District Court in 2003.
FACTS AND PROCEDURAL POSTURE
In July of 2003, Goad pled guilty to two indictments charging him with indecency with a child. Attached to each judgment was a bill of costs, assessing a total of $724.50 in court costs against Goad. More than three years later, in September of 2006, the trial court entered an order corresponding to each cause number directing TDCJ to pay to the McLennan County District Clerk, on a graduated schedule, monies from Goad’s inmate trust-fund account in satisfaction of the judgment of court costs against him.
After next attempting unsuccessfully to persuade the trial court to rescind its orders and return his money, Goad filed an application for writ of mandamus with the court of appeals.
Judge Johnson then filed his application for writ of mandamus in this Court, arguing that Goad received all the due process that he was due in the course of the criminal proceedings, and that further notice and opportunity to be heard is unnecessary following a formal assessment of costs in the judgments.
CRIMINAL LAW MATTER?
The threshold question in any original mandamus proceeding is whether this Court has original jurisdiction to entertain relator’s application for writ of mandamus. Under Article V, Section 5(c), of the Texas Constitution, this Court has jurisdiction to issue writs of mandamus “in criminal law matters.”
This Court’s “Criminal Law Matters” Jurisprudence
The closest analog to the present case in our “criminal law matter” jurisprudence is our opinion in Curry v. Wilson.
Undoubtedly, the enforcement of an order issued pursuant to a criminal law statute is a criminal law matter as much as the issuance of the order itself, even if it requires this Court to examine civil laws in the process. Were it otherwise, this Court’s power to decide criminal law matters would be seriously eroded or eliminated all together by the incidental presence of civil law matters.15
Although we held in Smith v. Flack that we have mandamus jurisdiction “when a criminal law is the subject of the litigation,”
The instant matter involves the enforceability of an order entered, not pursuant to a provision of the Penal Code or the Code of Criminal Procedure, but pursuant to Section 501.014(e) of the Government Code, which is not on its face “a criminal law statute.” Although it certainly may apply to recover costs emanating from judgments in criminal prosecutions, Sec
The Courts of Appeals Weigh In
The courts of appeals that have addressed this question are divided. Some have held that it is a civil matter and therefore subject to direct appeal. Others have held that it is a criminal matter, and, as such, it is not appealable.
In Abdullah v. State, the Texarkana Court of Appeals entertained what it deemed “an unusual appeal” from an order withdrawing funds from an inmate account under Section 501.014(e).
But the Amarillo and Waco courts of appeals have held that an order to pay outstanding court costs pursuant to Section 501.014(e) is essentially criminal in nature. In Gross v. State,
Most recently, however, the San Antonio Court of Appeals, like the Texarkana court, has rejected the proposition that an order under Section 501.014(e) emanating from a criminal judgment is itself a criminal law matter. In Reed v. State,
While the order in the instant case may have arisen as a result of, or incidental to, a criminal prosecution, the trial court’s order does not arise over the enforcement of a statute governed by the Texas Code of Criminal Procedure. In fact, the order specifically provides “THE COURT ENTERS THIS ORDER pursuant to Government Code, Section 501.014....” Reed is not contesting the trial court’s authority to assess court costs against him. Instead, the dispute is over the trial court’s authority to collect the costs assessed under section 501.014(e) of the Texas Government Code. Tex. Gov’t Code Ann. § 501.014(e). We note the legislature has determined that costs in criminal judgments may be collected through a civil execution process. Tex.Code.Crim. Proc. Ann. art. 43.07 (Vernon Supp. 2008). Article 43.07 of the Texas Code of Criminal Procedure provides in relevant part: “[i]n each case of pecuniary fine, and execution may issue for the fine and costs.... The execution shall be collected and returned as in civil actions.” Id. Consequently, we are unable to conclude that the trial court’s order involves a criminal law matter as described in Curry.29
The court of appeals in Reed went on to hold (similarly to the Texarkana Court of Appeals in Abdullah) that the trial court’s Section 501.014(e) order was appealable, conferring appellate jurisdiction.
In the instant cause we must decide which view constitutes the correct one for purposes of construing our mandamus jurisdiction under Article V, Section 5(c). Is the order under Section 501.014(e) so “closely related” to the criminal judgment that gave rise to it that we are compelled to conclude that it is a “criminal law matter”? Or is it a civil-law matter that hap
Constitutional Construction
As with statutory construction, when we construe a provision of the Texas Constitution, we are principally guided by the language of the provision itself as the best indicator of the intent of the framers who drafted it and the citizenry who adopted it.
To illustrate, we begin with the observation that Article V, Section 5(c) is not the only place in the Texas Constitution that defines a particular court’s jurisdiction with reference to the phrase, “criminal law matters.” Article V, Section 3(a), of the Texas Constitution defines the appellate jurisdiction of the Texas Supreme Court as extending “to all cases except in criminal law matters and as otherwise provided in this Constitution or by law.”
Were we to exercise our mandamus jurisdiction in this cause, we would essentially cut off any definitive determi
By contrast, treating the matter as civil in character almost certainly means that an order under Section 501.014(e) is ap-pealable.
And indeed, the Texas Supreme Court recently granted a petition for review in just such a case.
CONCLUSION
Accordingly, we hold that the instant proceeding does not involve a “criminal law matter.” Therefore, we lack original mandamus jurisdiction. The application for writ of mandamus is dismissed.
. See In re Steven Frank Goad, 243 S.W.3d 858 (Tex.App.-Waco 2008).
. See Tex. Gov't Code § 501.014(e) (“On notification by a court, the department shall withdraw from an inmate's account any amount the inmate is ordered to pay by order of the court under this subsection. The department shall make a payment under this subsection as ordered by the court to either the court or the party specified in the court order. * * * The department shall make withdrawals and payments from an inmate’s account under this subsection according to the following schedule of priorities: ... (4) as payment in full for all orders for court fees and costs[.]").
. 227 S.W.3d 391 (Tex.App.-Waco 2007, no pet.).
. Both the judgments in 2003 and the orders in 2006 were signed by Judge Johnson’s predecessor in office, Judge George Allen.
. The court of appeals had original mandamus jurisdiction by virtue of Tex. Const, art. V, § 6 and Tex. Gov't Code § 22.221(b)(1). Applicants are required to pursue the writ of mandamus, absent a compelling reason not to, in the courts of appeals before proceeding to this Court. Padilla v. McDaniel, Judge, 203rd District Court, 122 S.W.3d 805, 808 (Tex.Crim.App. 2003).
. 211 S.W.3d 938 (Tex.App.-Texarkana 2007, no pet.).
. Judge Johnson cites Endicott-Johnson Corporation v. Encyclopedia Press, Inc., 266 U.S. 285, 45 S.Ct. 61, 69 L.Ed. 288 (1924), for this proposition.
. Although this Court lacks jurisdiction to review the decisions of the courts of appeals in the exercise of their original jurisdiction via petitions for discretionary review, we can exercise our own original jurisdiction in a separate mandamus proceeding to determine whether a court of appeals has "clearly abused its discretion” in granting mandamus relief. State ex rel. Young v. Sixth. Court of
. See Tex Const. Art. V, § 5(c) ("Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have the power to issues the writ of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari.”).
. 853 S.W.2d 40 (Tex.Crim.App. 1993).
. Id. at 43.
. Former Article 26.05(e) has been amended and redesignated as Tex.Code Crim. Proc art. 26.05(g).
. 728 S.W.2d 784 (Tex.Crim.App. 1987).
. Id. at 788.
. Lanford v. Fourteenth Court of Appeals, 847 S.W.2d 581, 585 (Tex.Crim.App. 1993).
. In order of priority, Section 501.014(e) mandates the withdrawal of funds from an inmate’s account for the following purposes:
(1) as payment in full for all orders for child support;
(2) as payment in full for all orders for restitution;
(3) as payment in full for all orders for reimbursement of the Texas Department of Human Services for financial assistance provided for the child’s health needs under Chapter 31, Human Resources Code, to a child of the inmate;
(4) as payment in full for all orders for court fees and costs;
(5) as payment in full for all orders for fines; and
(6)as payment in full for any other court order, judgment, or writ.
. Tex. Civ. Prac. Rem.Code § 31.002.
. Tex. Civ. Prac. Rem.Code § 63.007.
. Abdullah v. State, supra, at 940-41 & n. 5.
. Id. at 941-43, citing Tex.R. Civ. P. 657-79.
. 279 S.W.3d 791 (Tex.App.-Amarillo 2007, no pet.).
. Id. at*l-*2.
. Zink v. State, 244 S.W.3d 508, 509 (Tex.App.-Waco 2007, no pet.); Phillips v. State, 244 S.W.3d 510 (Tex.App.-Waco 2007, no pet.).
. Zink, supra; Phillips, supra; In re Martinez, 238 S.W.3d 601, 602 n. 1 (Tex.App.Waco 2007, no pet.); Chudej v. State, 255 S.W.3d 273 (Tex.App.-Waco 2008, no pet.).
. 269 S.W.3d 619 (Tex.App.-San Antonio, 2008).
. Id. at 622.
. Id. at 623 ("Having determined that this matter is civil, we next address whether the trial court’s order is final and appealable. The trial court’s order in this case was for the collection of court costs through a post-judgment process. In civil actions, post-judgment orders may be appealed as final orders if the order disposes of all matters placed before the court. * ⅜ * Both garnishment orders and turnover orders are appealable. Schultz v. Fifth Jud. Dist. Ct. of Appeals, 810 S.W.2d 738, 740 (Tex. 1991).”).
. Id. at 626
. Id. at 627.
.See, e.g., Booth v. Strippleman, 61 Tex. 378, 380 (1884) (“constitutions, like statutes, must be construed ... with the view of arriving at and enforcing the intention of the convention.”); Stine v. State, 908 S.W.2d 429, 431 (Tex.Crim.App. 1995) (plurality opinion) ("In interpreting statutes, it is the practice of this court to concentrate on the literal text of a statute in order to ascertain its meaning. * * * This Court should be guided by the same principle when interpreting constitutional provisions.”); Gallagher v. State, 690 S.W.2d 587, 591 (Tex.Crim.App. 1985) (“Turning to the rules of constitutional construction, it is observed that constitutional provisions which are not ambiguous and are not open to more than one construction or interpretation must be given their full effect without regard to the consequences.”); Cook v. State, 902 S.W.2d 471, 478 (Tex.Crim.App. 1995) ("As a first step, we attempt to effectuate the intent of the framers of a constitutional amendment, and the voters who approved the amendment.”)
. See 12A Tex.Jur.3d Constitutional Law § 25 (2004), at 419 ("if the literal text of a constitutional provision is unclear or could lead to an absurd result, a court construing the provision may look outside of the language for aid in its interpretation.”).
. Tex Const art. V., § 3(a) (emphasis added).
. It is well established that a constitutional provision should not be construed in isolation, but as it relates to and interacts with other constitutional provisions. E.g., Pierson v. State, 147 Tex.Crim. 15, 19-22, 177 S.W.2d 975, 977-79 (1944).
. See State ex rel. Holmes v. Third Court of Appeals, 885 S.W.2d 386, 410-11 (Tex.Crim.App. 1994) (Clinton, J., dissenting) ("criminal law matters” should not be construed differently for purposes of Article 5, Section 5 of the Texas Constitution than for Article 5, Section 3).
. See note 27, ante. This Court has long held that the right to appeal must be conferred by statute. E.g., Galitz v. State, 617 S.W.2d 949, 951 (Tex.Crim.App. 1981); Rushing v. State, 85 S.W.3d 283, 285 (Tex.Crim.App. 2002); see also Kutzner v. State, 75 S.W.3d 427, 431 (Tex.Crim.App. 2002) ("this Court will entertain an appeal when it is expressly authorized by statute and when it is related to the ‘standard definition’ of a criminal case."). And as the Waco Court of Appeals has observed, "[n]o statute authorizes an appeal from an order under section 501.014(e).” Chudej v. State, supra, at 273.
. In order to obtain mandamus relief, a relator must establish that he had no adequate remedy at law, and that the action he seeks to compel is ministerial State ex rel. Young v. Sixth Court of Appeals, supra, at 210. He can make the latter showing by demonstrating that he has a "clear right to the relief he seeks” — that is to say that "the law he invokes is definite, unambiguous, and unquestionably applies to the indisputable facts of the case.” Id. If a court of appeals grants mandamus relief upon any lesser showing, it abuses its discretion and is subject to a writ of mandamus from this Court. Id., quoting Lanford v. Fourteenth Court of Appeals, supra, at 586.
. See, e.g., State ex rel. Young v. Sixth Court of Appeals, supra, at 213 (“we cannot say that the rule announced by the court of appeals is of such indubitable provenance that the trial court in this case had a ministerial duty to apply it to the facts of this case to reach a particular result in the exercise of what would otherwise constitute a manifestly judicial function.”).
. Abdullah, supra, at 940-41 & n. 5; Reed, supra, at 623.
. We need not, and do not, express any opinion whether these courts of appeals have resolved the matter correctly.
. Harrell v. State, 2007 WL 2301350 (Tex.App.-Amarillo, Aug. 13, 2007) (No. 07-06-0469-CR, 07-06-0470-CR), review granted (Aug. 29, 2008).
. We say practicality because of the potential for complication that could arise should we deem an order for TDCJ to withdraw inmate funds pursuant to Section 501.014(e) to satisfy criminal court costs to be itself a "criminal law matter.” Consider the following hypothetical: Suppose TDCJ on the same day received two orders, entered on the same day, from two district courts in two different counties. The first order emanated from a judgment in a civil case assessing court costs against the inmate, while the second order emanated from a criminal judgment, and also assessed court costs against him. Both orders would be authorized under Section 501.014(e)(4), and so TDCJ would have no ready statutory criteria by which to prioritize them. Would any ensuing litigation over which order should take priority in the event of insufficient funds in the inmate’s account be regarded as a civil law matter, subject to a later appeal, a criminal law matter, subject only to review by way of a writ of mandamus- or some kind of hybrid, subject to no later review at all?
. We note that "[t]he Legislature may confer original jurisdiction on the Supreme Court to issue writs of ... mandamus in such cases as may be specified, except against the Governor of the State.” Tex. Const, art. V, § 3(a). And under the Government Code, the Supreme Court is expressly authorized to issue writs of mandamus against a court of appeals, “agreeable to the principles of law regulating those writs[.]” Tex Gov't Code, § 22.002(a).
Dissenting Opinion
dissenting opinion in which MEYERS and HOLCOMB, JJ., joined.
“Undoubtedly, the enforcement of an order issued pursuant to a criminal statute is a criminal law matter as much as the issuance of the order itself, even if it requires this Court to examine civil laws in the process.”
In Smith, the trial judge issued an order pursuant to the Code of Criminal Procedure that awarded $2500 in attorneys fees to attorney Smith, who had represented an indigent defendant in a criminal prosecution.
In Holmes, a defendant who was convicted and sentenced to death filed a civil suit that sought to compel the Board of Pardons and Parole to hold a hearing on his request for clemency.
Court costs assessed in criminal prosecutions have long been considered to be incident to the enforcement of the criminal law.
Though the court cites what it believes to be policy reasons to construe the withdrawal order as a civil law matter, those purported policy reasons are not sufficient
I respectfully dissent.
. Smith v. Flack, 728 S.W.2d 784, 788-89 (Tex.Crim.App. 1987); see also Curry v. Wilson, 853 S.W.2d 40, 43 (Tex.Crim.App. 1993)(quoting Smith); State ex. rel Holmes v. Third Court of Appeals, 885 S.W.2d 389, 394 (Tex.Crim.App. 1994)(quoting Smith).
. 728 S.W.2d at 787. The case also addressed similar claims by other attorneys. Id. at 788. For the sake of brevity and clarity, I will focus on the Court's holding with respect to attorney Smith.
. Id. at 787.
. Id. at 788.
. Id.
. Id.
. Id. at 394.
. Dixon v. State, 2 Tex. 481, 482-84 (1847).
. Tex.Code Crim Proc. arts. 42.15, 42.16.
. Id., 43.03 (confinement in jail), 43.09 (work program).
Reference
- Full Case Name
- In Re Matt JOHNSON, Judge of the 54th District Court of McLennan County, Texas, Relator, v. THE TENTH JUDICIAL DISTRICT COURT OF APPEALS AT WACO, Respondent
- Cited By
- 129 cases
- Status
- Published