State v. Kimberly Love
State v. Kimberly Love
Opinion of the Court
¶ 1. The resolution of this appeal requires this Court to interpret 23 V.S.A. § 1205, the statute governing the procedures for civil suspensions of drivers' licenses. Specifically, the question is whether the statutory language requiring the final hearing to be held within twenty-one days of the preliminary hearing is mandatory for second or subsequent offenses and whether, as a result, defendant's civil suspension should be dismissed because her final hearing was scheduled more than twenty-one days after her preliminary hearing. The trial court concluded that the twenty-one-day requirement was not mandatory and upheld defendant's civil suspension. We reverse.
*763¶ 2. Section 1205 of Title 23 sets forth the procedure for suspending the license of a person who violated 23 V.S.A. § 1201 -that is, a person who operated a vehicle under the influence or who refused to submit to an evidentiary blood-alcohol test. Under § 1205(c), a violator must first be given notice of the State's intent to suspend the violator's license. A first-time violator's license will be suspended within eleven days of the violator receiving notice, unless the violator requests a suspension hearing. Id. § 1205(e)(1). If a suspension hearing is requested, a first-time violator's license will not be suspended unless the court orders a suspension after the hearing. Id. By contrast, a second or subsequent violator's license is automatically suspended within eleven days of notice, regardless of whether the second time violator requests a suspension hearing. Id. § 1205(e)(2).
¶ 3. The suspension hearing is divided into two parts: a preliminary hearing and a final hearing on the merits. The preliminary hearing "shall be held within 21 days of the alleged offense." Id. § 1205(g). The final hearing on the merits shall be scheduled "to be held within 21 days of the date of the preliminary hearing. In no event may a final hearing occur more than 42 days after the date of the alleged offense without the consent of the defendant or for good cause shown." Id. § 1205(h)(1). At least for a first violation, the time limits set forth for the preliminary and final hearings "are directive only, and shall not be interpreted by the court to be mandatory or jurisdictional." Id. § 1205(t). As described above, we must determine whether these time limits are mandatory for a second or subsequent violation.
¶ 4. The facts that produced this question are not in dispute. On April 24, 2016, the police stopped defendant after a disturbance at a gas station. As a result of this stop, the police issued defendant a notice of intention to automatically suspend her driver's license by May 5, 2016. The notice stated that defendant either committed a second or subsequent violation of 23 V.S.A. § 1201 or refused to submit to a breath or blood test. Defendant promptly requested a hearing under 23 V.S.A. § 1205, and the preliminary hearing was scheduled for May 2, 2016.
¶ 5. At the preliminary hearing, defendant requested that the court stay the automatic suspension of her license so that defendant could drive to work and transport her daughter to school. A day later, the court denied defendant's request on the record, stating that the court did not have the authority to stay the automatic suspension.
¶ 6. A final hearing was scheduled for June 6, 2016. On May 23, 2016-twenty-one days after the preliminary hearing but before the final hearing date-defendant moved for dismissal of the civil suspension hearing because twenty-one days had passed since the preliminary hearing. According to defendant, this timeline violated 23 V.S.A. § 1205(h)(1), which required the final hearing to be held within twenty-one days of the preliminary hearing. The State opposed defendant's motion, arguing that the controlling time frame under § 1205(h)(1) was forty-two days from the date of the alleged offense. Because the June 6, 2016 date was within this forty-two-day timeline-although the forty-second day was June 5, 2016, the applicable rules extend the last day of the period to the first day that is not a Saturday, Sunday or legal holiday, which in this case was Monday, June 6, 2016-the final hearing was properly within the time allotted by the statute.
¶ 7. The trial court concluded that the twenty-one-day rule was not jurisdictional and denied defendant's motion to dismiss.
*764In doing so, the court noted that the part of the sentence containing the twenty-one-day rule did not state any remedy for failing to comply with the deadline, but that the portion containing the forty-two-day rule had been interpreted by this Court to be jurisdictional in part because it contained a remedy. Further, the court pointed to the phrase "in no event" in the statute referencing the forty-two-day rule, which suggested that the forty-two-day rule defined the outer limits of the timeframe and that the twenty-one-day rule was not controlling. And finally, the court relied on State v. McQuillan, where this Court concluded that the forty-two-day requirement was not violated.
¶ 8. Defendant now appeals and reiterates her contention that the internal twenty-one-day rules are mandatory and jurisdictional for second or subsequent offenses. In support, she points to the overall structure of 23 V.S.A. § 1205, which she claims evinces a clear distinction between first-time offenses and second or subsequent offenses. Further, she argues that the statute's plain language makes the twenty-one-day rule mandatory and, if we held otherwise, the twenty-one-day rule would be mere surplusage. The State opposes this position, arguing that the Legislature did not provide a specific consequence for failing to abide by the twenty-one-day rule and that, if the twenty-one-day rule is mandatory, the forty-two-day rule is superfluous.
¶ 9. Our interpretation of a statute is de novo. State v. Therrien,
¶ 10. Here, along with the statutory language of § 1205, we may rely on the Legislature's response to our prior caselaw, for this is not the first time that we have interpreted the time limits present in 23 V.S.A. § 1205(h)(1). In State v. Singer, we concluded that the forty-two-day rule was jurisdictional for all violations of 23 V.S.A. § 1201 and, as a result, affirmed the trial court's dismissal of a civil license proceeding that did not comply with the forty-two-day rule.
¶ 11. A few months later, on the heels of Singer, the Legislature amended § 1205 by adding subsection (t). See 1999, No. 160 (Adj. Sess.), § 18. As described above, subsection (t) provides: "For a first offense, the time limits set forth in subsections (g) and (h) of this section are directive only, and shall not be interpreted by the court to be mandatory or jurisdictional." 23 V.S.A. § 1205(t). Plainly, this subsection was a response to Singer.
¶ 12. For several reasons, we conclude that the Legislature, when it enacted subsection (t), intended to make the time limits in subsections (g) and (h) directive for first offenses, but mandatory and jurisdictional for second or subsequent offenses. Thus, for second or subsequent offenses, the court must comply with the twenty-one-day rule in subsection (g) and the twenty-one-day and forty-two-day rules in subsection (h), absent consent by the defendant or good cause shown, or the civil suspension hearing must be dismissed for lack of jurisdiction.
¶ 13. First, the "time limits" phrase encompasses both the twenty-one-day rule and the forty-two-day rule and, critically, references both subsections (g) and (h). See 23 V.S.A. § 1205(t). As indicated, the Legislature enacted subsection (t) in the wake of Singer and articulated when the time limits in subsections (g) and (h) should be mandatory and when they should be directive. But Singer only examined subsection (h) and the forty-two-day rule. If, as the State requests, we read subsection (t) narrowly and concluded that only the forty-two-day rule in subsection (h) was mandatory and jurisdictional for second offenses, we would ignore the Legislature's decision to include subsection (g) and to expand, in part,
¶ 14. Second, this jurisdictional distinction between first and second or subsequent offenses comports with the overall structure of § 1205. Under 23 V.S.A. § 1205(c), first-time violators do not have their licenses automatically suspended, but second or subsequent offenders have their license automatically suspended while the civil suspension hearing is pending. Similarly, subchapter 13 includes different statutory sections governing the license suspension of first-time offenders as compared to the suspensions for second or subsequent offenders. Compare
¶ 15. Most important, the Legislature's imposition of strict jurisdictional time limits for second or subsequent offenses serves a critical public purpose. Under 23 V.S.A. § 1205(e), a second or subsequent offense carries with it an automatic suspension of the violator's license, regardless of whether a civil suspension hearing is requested. In this state, where many people depend on vehicles for work and to obtain necessary goods and services, an automatic suspension of a license without a hearing may summarily cut off access to basic necessities for several months. By requiring suspension hearings for second or subsequent offenses to be held within strict time limits, the Legislature ensured that automatic suspensions would be reviewed and decided in a timely manner while protecting the public from repeat offenders.
¶ 16. We are not swayed by the State's arguments to the contrary. First, the State's reliance on State v. McQuillan is not persuasive.
¶ 17. Because we conclude that, for second or subsequent offenses, both the twenty-one-day rule in subsection (g) and the twenty-one-day rule in subsection (h) are mandatory and jurisdictional, defendant's civil suspension must be dismissed.
Reversed.
In fact, the only clear conclusion that can be drawn from extensive research into the amendment's legislative history is that the State Senate was aware of Singer. See Criminal & Civil Procedures Involving Alcohol & Motor Vehicle Violations: Hearing on S.324 Before Senate Comm. on Judiciary, 1999-2000 Bien. Sess. (Vt. March 31, 2000). A great many intern hours were sacrificed to come by this knowledge.
We recognize that subsection (t) also limited Singer by restricting the mandatory and jurisdictional time limits to second or subsequent offenses.
Dissenting Opinion
¶ 18. The majority's decision includes a simple flaw in its reasoning-namely that "the Legislature enacted subsection (t) in the wake of Singer and articulated when the time limits in subsections (g) and (h) should be mandatory and when they should be directive." Ante, ¶ 13. This is not an accurate statement. By its plain language, the Legislature articulated only when the time limits of subsections (g) and (h) should be directive. Neither this Court nor the Legislature has explicitly answered whether the twenty-one-day time limits in those subsections are ever mandatory for second or subsequent offenses. And while statutory amendments are, indeed, to be given "real and substantial effect," we should not overreach and read more into an amendment than is in fact there. See
¶ 19. Two strong reasons support my statutory construction. First, while it is true that State v. Singer did not address whether the twenty-one-day limit at issue in this case was mandatory or directory, no one who reads the decision in Singer could believe that it was mandatory. Why is this true? Because Singer explained in detail what characteristics of a time limit are required to make it mandatory and none of those characteristics are present in the twenty-one-day time limit under the statute as it existed then and exists today. As this Court explained: "[A] statutory time limit is mandatory only if it contains both an express requirement that an action be undertaken within a particular amount of time and a specified consequence for failure to comply with the time limit." State v. Singer,
¶ 20. These statutory sections are unchanged since Singer. The 2000 statutory amendment that added subsection (t), the subsection on which the majority relies, was not accompanied by changes to subsections (g) and (h). Thus, we can reach the majority's conclusion only if we can find that the Legislature intended to generally change the twenty-one-day time limits in subsections (g) and (h) to mandatory time limits. As the majority acknowledges, there is nothing in the legislative history to *768show such an intent. There is no record of abuse of these time limits, and no record that the overall forty-two-day limit is inadequate to ensure timely disposition of civil suspension cases. In these circumstances, more should be required than an inference from a statutory amendment that deals only with first offenses and not with the general effect of time limits.
¶ 21. My second major reason relates generally to the policy of establishing mandatory time limits. It is no coincidence that this case arises in Franklin County, ground zero for the major docket pressures caused by opioid addiction. We have written in a Franklin County case that the large increases in the number and difficulty of child protection cases has made it impossible for courts to meet, or even come close to, statutory time limits in those cases, even though the result of delay in those cases is the failure to protect children when they need it the most. See In re A.S.,
¶ 22. In some instances, the Legislature has established time limits on processing particular types of cases. Many of these are advisory because the consequences of case dismissal or mandatory relief are too extreme in relation to the likely results of delay. The most important example of such limits is those in juvenile cases-timely processing of cases is critical, but cases can't be dismissed, leaving children unprotected, if delay occurs.
¶ 23. I recognize that the Legislature has the prerogative to establish mandatory time limits, and we have enforced those limits. We want to be sure, however, that the Legislature has understood the consequences of limiting flexibility and has knowingly and clearly done so by specifying the consequence of failing to meet the time standards. We have, therefore, interpreted time limits as mandatory only if the intent to make them mandatory is "clear," and the Legislature has specified the consequences of not meeting the time standard. See In re Mullestein,
*769¶ 24. In this case, the legislative direction to make the time limits mandatory is far from clear; it is based on an inference the majority has drawn from language that does not address the situation before us, the point of my opening paragraph. See ante, ¶ 16 (stating § 1205(t)"implies that the time limits for second offenses in subsections (g) and (h) are mandatory"). Such an inference might be sufficient for other purposes, but I don't believe it meets the standard of clarity we require for a mandatory time limit. Further, no statute specifies the consequence of failing to meet the time standard; the majority has taken the consequence from a different and inapplicable time standard. No statute states that the twenty-one-day time limits are jurisdictional-as the majority holds.
¶ 25. There are two other points I believe are important; both are mentioned in the majority opinion, but neither supports the majority decision. The first is the impact of the majority decision on the forty-two-day time limit in § 1205(h). The presence of the forty-two-day overall time limit is a very clear indication that the Legislature never intended the twenty-one-day limits to be mandatory. Under the majority's decision, the forty-two-day limit is truly surplusage. No case will be dismissed under the forty-two-day limit that would not be dismissed under one or both of the twenty-one-day limits.
¶ 26. Finally, I doubt that the majority's decision will result in earlier resolution of civil suspension proceedings in the vast majority of cases. On this point, I return to the fact that this case comes from Franklin County and a court under great stress in keeping up with caseload demands because of opioid-related child protection cases. In this case, the court was able to hold an early preliminary hearing but was required to regain the time before the final hearing. In order to comply with the majority decision, it is likely that the court will take the full time complement for each component of the process to gain the full forty-two days to complete the hearing process to minimize the adverse impact on the grind of child protection cases. In the end, what should count, as Singer held, is whether the case is completed within the forty-two-day time limit. I doubt that micromanaging the internal steps in the process will benefit anyone.
¶ 27. I would affirm.
¶ 28. I am authorized to state that Chief Justice Reiber joins this dissent.
I strongly disagree with the majority that establishing time limits without consequences is a useless act, "mere surplusage." Ante, ¶ 16. Despite resource limitations, the judges and staff make every effort to meet the time limits where it is possible to do so, and these time limits become standards under which we judge the overall performance of the judiciary and upon which resource allocation decisions are made.
This decision deals directly only with the twenty-one-day time limit in § 1205(h), but it is impossible to read the majority decision as not applying equally to the time limit in § 1205(g).
Reference
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- STATE of Vermont v. Kimberly LOVE
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