Dress v. Department of Corrections
Dress v. Department of Corrections
Opinion of the Court
¶1 — The Department of Corrections (DOC) is not authorized to either correct or ignore a final judgment and sentence that may be erroneous.
¶2 Here, DOC never petitioned for review of what it characterizes as an error of law in the final judgment and sentence of Christina Dress. It then refused to release her from confinement when the final judgment and sentence, with credit for time served, required. The Snohomish County Superior Court properly granted Dress’s petition for a writ of mandamus directing DOC to release her. We affirm.
¶4 Dress was incarcerated at the Washington Corrections Center for Women. By letter dated May 10,2006, DOC advised the sentencing judge, the deputy prosecuting attorney, and Dress’s defense counsel that it believed the sentences imposed by the court should run consecutively to a prior sentence in King County Superior Court.
¶5 Despite the provisions of RCW 9.94A.585(7), which provides for relief where DOC claims that there is an error of law in a judgment and sentence, the DOC never petitioned the court of appeals for review of the April 19, 2006, sentence. There is no explanation in this record why DOC failed to pursue this statutory remedy.
¶6 By letter dated August 11, 2006, which DOC sent to the court and all counsel, it stated again that Dress’s sentences should be corrected to run consecutively to her DOSA sentence in the Kang County action. In this letter, DOC cited RCW 9.94A.589(2)(a) as legal authority for its position. We note that in this letter, DOC stated that the deadline for it to seek review of Dress’s sentence under
¶7 Over four years later, a week before her scheduled early release date in October 2010, DOC told Dress that her sentences were to run consecutively to her prior, suspended DOSA sentence. Thus, she would not be eligible for release for at least 11 more months. It appears that DOC based this decision on the arguments set forth in its May and August letters, written over four years earlier. No court has ever approved of DOC’s view that the final judgment and sentence was erroneous.
¶8 Dress moved for an order compelling her release. She did so before the sentencing judge under her original criminal case cause number in Snohomish County Superior Court. DOC responded by letter to the court and counsel. It stated that it was not a party in that criminal case, arguing that the court did not have personal jurisdiction over DOC.
¶9 Dress then petitioned for a writ of mandamus, naming DOC as the respondent. DOC responded, primarily arguing that the Snohomish County Superior Court did not have subject matter jurisdiction because Dress was imprisoned in Pierce County. The sentencing court rejected this and the other DOC arguments, granted the writ, and ordered DOC to release Dress. The court deferred her release for over six weeks, giving DOC the opportunity to seek appellate review and a stay of the writ.
DOC’s AUTHORITY
¶11 A threshold issue in this appeal is whether DOC has the authority to either “correct” or disregard the provisions of an allegedly erroneous final judgment and sentence. We hold that it does not have that authority.
¶12 DOC argues that the trial court incorrectly concluded that it is barred from correcting an inmate’s sentence structure. This is not the law.
¶13 Several cases have directly addressed the question whether DOC has the authority to alter a prisoner’s final judgment and sentence. None has found that such power exists, even where the judgment and sentence was erroneous.
¶14 In In re Personal Restraint of Davis,
¶16 Indeed, RCW 9.94A.585(7) provides a mechanism whereby DOC may appeal errors of law in a sentence, demonstrating an acknowledgment by the legislature that DOC cannot alter a judgment and sentence on its own. RCW 9.94A.585(7) states:
The department may petition for a review of a sentence committing an offender to the custody or jurisdiction of the department. The review shall be limited to errors of law. Such petition shall be filed with the court of appeals no later than ninety days after the department has actual knowledge of terms of the sentence. The petition shall include a certification by the department that all reasonable efforts to resolve the dispute at the superior court level have been exhausted.
¶17 The Davis court highlighted this statute, noting that the legislature “recently created a new statutory procedure for DOC to challenge and correct erroneous sentences in court. . . . ‘[O]ne of the purposes clearly underlying enactment [of this legislation] was to provide an efficient and formal procedure for the Department to challenge an erroneous sentence . . . .’ ”
¶18 Furthermore, as Division Two of this court has held, RCW 9.94A.585(7) “is designed to alleviate the dilemma previously facing DOC: enforcing what it considers to be an unlawful sentence, or ignoring the sentence imposed by the
¶19 Here, DOC knew of what it characterizes as an erroneous April 2006 sentence in May 2006. It wrote to the trial court and to all counsel in the criminal action, explaining its concerns and requesting that the sentencing court amend its judgment and sentence. No one responded.
¶20 For reasons that are unexplained in this record, DOC chose to ignore RCW 9.94A.585(7)’s express statutory mechanism for review of alleged errors of law in Dress’s judgment and sentence by failing to petition for review within 90 days of its May 2006 letter.
¶21 After expiration of the 90 day deadline for seeking review of the judgment and sentence specified by RCW 9.94A.585(7), DOC sent to the court and counsel its August 2006 letter. This letter acknowledged the expiration of the time for DOC to seek review of the judgment and sentence. Significantly, it also stated that “the Department is bound by the plain language of a judgment and sentence, even if legally flawed.” Given this statement by DOC, it is unclear why it chose to take the actions that we now describe.
¶22 In October 2010, just before Dress’s early release date, DOC informed her that she would not be released for another 11 months. There is nothing in this record to explain why DOC changed its view of its authority from that stated in its August 2006 letter: that it was “bound by the plain language of a judgment and sentence, even if legally flawed.”
¶23 In any event, DOC now argues that while “[t]he trial court reasoned that the DOC does not have the legal
¶24 As the cases make clear, and as DOC correctly acknowledged in its August 2006 letter, even if a sentence is clearly erroneous, it is not the role of DOC to “correct” this error.
¶25 The relevant case law is clear that DOC has no authority to correct or ignore a final judgment and sentence, even if it is erroneous. Whether there is a due process liberty interest in early release or whether DOC may follow its own procedures under these circumstances is simply irrelevant.
¶26 DOC misreads the judgment and sentence in an attempt to buttress its argument that Dress was not entitled to early release in October 2010. It relies on the following preprinted language in the judgment and sentence form used in this case:
The sentence herein shall run consecutively with the sentence in cause number(s)_but concurrently to any other felony cause not referred to in this Judgment. RCW 9.94A.589.[23 ]
We note that the sentencing court did not fill in the blank space in this preprinted portion of the form with the Ring
¶27 Our conclusion is reinforced by the fact that the sentencing court retained the following preprinted language that appears immediately before the above provision from the judgment and sentence:
All counts shall be served concurrently, except for the portion of those counts for which there is a special finding of a firearm or other deadly weapon as set forth above at Section 2.3, and except for the following counts which shall be served consecutively_.[25 ]
Examining these provisions in context, there can be no doubt that the trial court sentenced Dress to concurrent terms and did not run the terms consecutively to the King County DOSA sentence. In sum, we have no reason to disagree with the sentencing court’s reading of its own sentencing decision.
¶28 In concluding that DOC had no authority to either correct or ignore the final judgment and sentence in this case, it is unnecessary for us to decide whether this judgment and sentence contains an error of law. Consequently, we do not decide that question.
¶29 In sum, DOC had no authority to hold Dress in confinement after her October 2010 early release date.
SUPERIOR COURT’S AUTHORITY
¶30 DOC primarily argues that the Snohomish County Superior Court lacked authority to grant a writ of manda
Standard of Review
¶31 A superior court has inherent authority to grant a writ of review pursuant to article IV, section 6, of the state constitution. We review a superior court’s grant of a constitutional writ for abuse of discretion.
¶32 DOC argues that we review de novo a superior court’s grant of a constitutional writ, relying on State v. Epler.
¶33 In stating that a superior court reviews a lower court’s decision to enter a writ de novo,
“Actual Custody”
¶34 As adopted in 1889, article IV, section 6 read in relevant part:
Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus on petition by or on behalf of any person in actual custody in their respective counties.
¶35 Here, Dress was incarcerated in Pierce County when she sought a writ of mandamus in Snohomish County Superior Court. Therefore, the issue here is whether a person must be in “actual custody” in a county for its superior court to have jurisdiction to issue writs of mandamus.
¶36 As with a court’s construction of a statute, interpretation of the meaning of constitutional provisions begins with the text.
¶37 A plain reading of the original version of article IV, section 6 that was adopted in 1889 leads us to the
¶38 Thus the “actual custody” requirement is limited to “writs of habeas corpus on petition by or on behalf of any person in actual custody in their respective counties.” There is no other rational interpretation of the plain language of this original provision of the constitution.
¶39 DOC makes a different argument. In doing so, it relies on an amendment to article IV, section 6 in 1952.
Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, and writs of habeas corpus, on petition by or on behalf of any person in actual custody in their respective counties.[40 ]
¶41 DOC argues that the comma preceding the phrase “on petition by or on behalf of any person in actual custody in their respective counties” means that the “actual custody” provision that follows the comma applies to all of the writs mentioned in the preceding text, not just writs of habeas corpus. Applied here, DOC claims that Dress was not in the actual custody of the Snohomish County Superior Court and could not seek a writ of mandamus there.
¶42 We reject this unpersuasive argument. The chief reason for doing so is that the 1952 amendment was not meant to alter the jurisdictional requirements for granting the writs. Article IV, section 6 was amended by the voters in 1952, after the legislature approved an amendment to the state constitution. To understand the chief purpose of this amendment, we look to the official voter’s pamphlet if the amendment’s purpose is otherwise unclear.
Shall Article IV, section 6 of the Constitution be amended to permit superior courts to have original jurisdiction in all cases where the controversy amounts to one thousand dollars or a*334 lesser sum in excess of the jurisdiction granted inferior courts . . . ?[44 ]
From the language of the legislature’s proposed amendment and its ballot title, the change in article IV, section 6 was not an attempt to limit a superior court’s jurisdiction to issue writs. Rather, it was to modify the amount in controversy necessary for the superior court to have original jurisdiction.
¶43 Regardless of the change in punctuation to section 6, it is clear that the alteration had nothing to do with the amendment’s intent, which was unrelated to the scope of the superior court’s jurisdictional authority. Since 1889, superior courts have had jurisdiction to issue writs of mandamus without regard to whether the petitioner was in “actual custody” of the issuing court.
¶44 In arguing that Snohomish County Superior Court lacked jurisdiction to issue a writ of mandamus, DOC also relies on Epler. There, addressing a petition for a writ of certiorari, Division Three of this court stated that “[t]he Washington Constitution empowers the superior court to issue a writ of review on a petition by a person in actual custody, and other appellate power as prescribed by statute.”
¶45 Although the parties argued this case on the basis that a constitutional writ of mandamus was at issue, the record indicates that Dress actually sought a statutory
¶46 Statutory writs are reviewed de novo “to determine whether the decision below was contrary to law. . . . Issues of fact are reviewed to determine whether they are supported by competent and substantial evidence.”
¶47 DOC does not argue that Dress failed to meet any of these requirements. In our independent review of this record and controlling authorities, we conclude that she was entitled to a statutory writ of mandamus under this alternative approach.
Illegal or Discretionary Act
¶48 DOC also argues that the writ of mandamus was improper because such a writ cannot be used to compel an illegal or discretionary act. Because the writ did not compel an illegal act, we disagree.
¶49 A writ of mandamus is appropriate “only where a state official is under a mandatory ministerial duty to perform an act required by law as part of that official’s duties.”
¶50 Here, DOC’s mandatory duty was to release Dress, as the writ directed. There was no discretion left to DOC. The duty arose from the directives of Dress’s final judgment and sentence of April 2006.
¶51 Dress’s judgment and sentence included a reference to RCW 9.94A.589. Based on this reference, DOC argues that its legal duty was not clear enough to satisfy the requirements of mandamus. To the contrary, Dress’s judgment and sentence and the duty of DOC to comply with the terms of that sentence were clear. As we explained earlier in this opinion, the judgment and sentence expressly directed that all sentences were to be served concurrently. The mere reference to RCW 9.94A.589 did not modify that requirement to require that the April 2006 sentences be served consecutively to the earlier DOSA sentence.
¶52 DOC also argues that RCW 9.94A.589(2)(a) requires it to impose Dress’s sentences consecutively. This argument is based, in part, on the unstated premise that DOC may ignore the provisions of Dress’s judgment and sentence that plainly require concurrent service of the sentences.
¶54 Here, releasing Dress was a legal duty imposed by the judgment and sentence. As noted above, Washington courts have consistently prohibited DOC from “correcting” a trial court’s judgment and sentence, even if DOC believes the sentence is legally incorrect. As the supreme court stated, “[T]he Department of Corrections is not authorized to correct an erroneous judgment and sentence.”
Adequacy of Alternative Remedy
¶55 DOC argues that granting the writ of mandamus was improper because Dress had an adequate remedy available in the form of a personal restraint petition (PRP). We disagree.
¶56 Neither constitutional nor statutory writs of mandamus will be issued unless there is no other “ ‘plain, speedy and adequate remedy in the ordinary course of law.’ ”
¶57 Here, the lower court did not abuse its discretion when it found that a PRP was not a speedy legal remedy. Dress sought a writ before the original sentencing judge who knew the facts and background of her case. As the sentencing judge noted, filing a PRP in an appellate court made little sense, given that court’s lack of knowledge of Dress’s case. Further, the court found, based on evidence submitted on the issue, that “typically PRPs take six months or probably longer to address.”
¶58 DOC argues that a plain, speedy, and adequate remedy “merely requires that there be a process by which the plaintiff may seek redress for the allegedly unlawful action.” It relies on Washington State Council of County & City Employees, Council 2 v. Hahn.
¶59 There, the employees sought a writ to order Yakima County judges to engage in collective bargaining.
Equitable Relief
¶60 DOC also argues that Dress is not entitled to equitable relief. Because the writ of mandamus issued in this case was issued to direct DOC to comply with the legal requirement of her final judgment and sentence, no equitable relief was involved. We need not address this argument further.
No Credit for Time Released
¶61 DOC’s final argument anticipates reversal of the grant of the writ. Specifically, DOC requests that upon a reversal of the superior court’s writ, Dress should not be entitled to credit toward her prison term for the time that she has been released. This request is moot and we do not address it further.
State v. Broadaway, 133 Wn.2d 118, 135, 942 P.2d 363 (1997); In re Pers. Restraint of West, 154 Wn.2d 204, 209-10, 110 P.3d 1122 (2005); In re Pers. Restraint of Davis, 67 Wn. App. 1, 9, 834 P.2d 92 (1992).
ROW 9.94A.585(7).
Clerk’s Papers at 133.
67 Wn. App. 1, 834 P.2d 92 (1992).
133 Wn.2d 118, 942 P.2d 363 (1997).
Id. at 135-36 (emphasis added) (citing Davis, 67 Wn. App. 1; In re Pers. Restraint of Chapman, 105 Wn.2d 211, 216, 713 P.2d 106 (1986)).
Davis, 67 Wn. App. at 8 (quoting In re Sentence of Chatman, 59 Wn. App. 258, 264, 796 P.2d 755 (1990)); see RCW 9.94A.585(7) (All cases published before 2001 refer to RCW 9.94A.210(7), but this was recodified as 9.94A.585(7) in 2001.).
In re Sentence of Hilborn, 63 Wn. App. 102, 104, 816 P.2d 1247 (1991) (citing Chatman, 59 Wn. App. at 264).
Appellant’s Opening Brief at 20.
Davis, 67 Wn. App. at 9.
Id.; West, 154 Wn.2d at 209-10.
Appellant’s Opening Brief at 20.
Clerk’s Papers at 133.
Id. at 129.
Id. at 133 (emphasis added).
Saldin Sec., Inc. v. Snohomish County, 80 Wn. App. 522, 527-28, 910 P.2d 513 (1996).
Id. at 528 (citing Birch Bay Trailer Sales, Inc. v. Whatcom County, 65 Wn. App. 739, 746, 829 P.2d 1109 (1992)).
93 Wn. App. 520, 969 P.2d 498 (1999).
80 Wn. App. 522, 910 P.2d 513 (1996).
Id. at 527-28 (emphasis added).
See Concerned Organized Women & People Opposed to Offensive Proposals, Inc. v. City of Arlington, 69 Wn. App. 209, 221, 847 P.2d 963 (1993) (“ ‘[a] refusal to grant a constitutional writ is reviewed under an abuse of discretion standard’ ” (quoting Birch Bay Trailer Sales, Inc., 65 Wn. App. at 745 n.6)); Bridle Trails Cmty. Club v. City of Bellevue, 45 Wn. App. 248, 252, 724 P.2d 1110 (1986) (“The superior
Malyon v. Pierce County, 131 Wn.2d 779, 799, 935 P.2d 1272 (1997).
State v. Costich, 152 Wn.2d 463, 470, 98 P.3d 795 (2004) (citing State v. Radan, 143 Wn.2d 323, 330, 21 P.3d 255 (2001)).
State v. Bunker, 169 Wn.2d 571, 578, 238 P.3d 487 (2010) (citing In re Forfeiture of One 1970 Chevrolet Chevelle, 166 Wn.2d 834, 838-39, 215 P.3d 166 (2009)).
See Conway v. Cranor, 37 Wn.2d 303, 304, 223 P.2d 452 (1950) (where a prisoner was held in custody in Walla Walla, the only courts open to his original habeas petition were those in Walla Walla County or the supreme court, as outlined by article IV, section 6).
See Thompson v. Wilson, 142 Wn. App. 803, 815-16, 175 P.3d 1149 (2008) (the supreme court upheld mother’s ability to seek writ of mandamus requiring coroner to meet and discuss the autopsy of her daughter); see also City of Bellevue v. East Bellevue Cmty. Mun. Corp., 119 Wn. App. 405, 407-10, 81 P.3d 148 (2003) (Bellevue sought and was granted writ of prohibition to arrest East Bellevue’s appeal before the growth management board); Eugster v. City of Spokane, 118 Wn. App. 383, 76 P.3d 741 (2003) (court upheld grant of writ of mandamus where writ was sought by city council member who was not in custody in any facility in the state).
Appellant’s Opening Brief at 8.
(Emphasis added.)
In re Sehome Park Care Ctr., Inc., 127 Wn.2d 774, 781-82, 903 P.2d 443 (1995) (citing Boeing Co. v. Dep’t of Licensing, 103 Wn.2d 581, 587, 693 P.2d 104 (1985)).
Id. (citing Judson v. Associated Meats & Seafoods, 32 Wn. App. 794, 801, 651 P.2d 222 (1982)).
Brown v. State, 155 Wn.2d 254, 268-69, 119 P.3d 341 (2005) (“[W]e will turn to other extrinsic sources such as the voter’s pamphlet, only if an initiative is ambiguous.” (citing Parents Involved in Cmty. Sch. v. Seattle Sch. List. No. 1, 149 Wn.2d 660, 671, 72 P.3d 151 (2003))).
State of Washington Voter’s Pamphlet General Election 21-22 (Nov. 4, 1952).
See Substitute H. J. Res. 13, 32d Leg., Reg. Sess. (Wash. 1951).
Epler, 93 Wn. App. at 523.
Clerk’s Papers at 123.
Sunderland Family Treatment Servs. v. City of Pasco, 127 Wn.2d 782, 788, 903 P.2d 986 (1995) (citing RCW 7.16.120(3)-(5); Freeburg v. City of Seattle, 71 Wn. App. 367, 371, 859 P.2d 610 (1993)).
Seattle Times Co. v. Serko, 170 Wn.2d 581, 588-89, 243 P.3d 919 (2010).
Freeman v. Gregoire, 171 Wn.2d 316, 323, 256 P.3d 264 (2011) (citing Cmty. Care Coal. of Wash. v. Reed, 165 Wn.2d 606, 614, 200 P.3d 701 (2009)).
Id. (quoting SEIU Healthcare 775NW v. Gregoire, 168 Wn.2d 593, 599, 229 P.3d 774 (2010)); Walker v. Munro, 124 Wn.2d 402, 408, 879 P.2d 920 (1994) (citing Clark County Sheriff v. Dep’t of Soc. & Health Servs., 95 Wn.2d 445, 450, 626 P.2d 6 (1981)).
State ex rel. Clark v. City of Seattle, 137 Wash. 455, 461, 242 P. 966 (1926) (quoting 18 Ruling Case Law Mandamus § 28, at 116 (1917)).
See Davis, 67 Wn. App. at 9.
79 Wn.2d 223, 484 P.2d 912 (1971).
Broadaway, 133 Wn.2d at 135-36 (emphasis added) (citing Davis, 67 Wn. App. 1; In re Chapman, 105 Wn.2d at 216).
Wash. State Council of County & City Emps., Council 2 v. Hahn, 151 Wn.2d 163, 167, 86 P.3d 774 (2004) (quoting RCW 7.16.170).
City of Olympia v. Thurston County Bd. of Comm’rs, 131 Wn. App. 85, 96, 125 P3d 997 (2005) (citing Butts v. Heller, 69 Wn. App. 263, 266, 848 P.2d 213 (1993)).
River Park Square, LLC v. Miggins, 143 Wn.2d 68, 76, 17 P.3d 1178 (2001) (citing State ex rel. Hodde v. Superior Court, 40 Wn.2d 502, 517, 244 P.2d 668 (1952)).
Id. (citing State ex rel. Carroll v. Junker, 79 Wn.2d 12, 26, 482 P.2d 775 (1971)).
Report of Proceedings (Nov. 5, 2010) at 26-27.
151 Wn.2d 163, 86 P.3d 774 (2004).
Id. at 165.
Id. at 167-69.
Id. at 166-67.
Reference
- Full Case Name
- Christina Dress v. The Department of Corrections
- Cited By
- 15 cases
- Status
- Published