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Duffy v. Circuit Court For the Seventh Judicial Circuit2/11/2004
ORIGINAL PROCEEDING
Argued on November 18, 2003
. The Seventh Judicial Circuit Court appointed Veronica Duffy, attorney at law, as counsel in four cases involving two indigent persons. Duffy submitted verified vouchers with itemized charges for her fees in each case. Circuit Court Judge Jeanine Kern reduced the bills by a total of $5957.41. Fees for the four cases were reduced as follows: (1) CRI02-617 from $7,190.73 to $6,100, (2) CRI02-3791 from $2,187.30 to $1,356.19, (3) A02-0530 from $5,281.29 to $3,585.15, and (4) CRI 02-2049 from $6,633.84 to $4,294.41. Duffy requested an explanation for Judge Kern's reductions. She also asked that the judges of the Seventh Judicial Circuit review Judge Kern's decision. In response, Judge Kern provided Duffy with copies of the original vouchers in two of the cases marked with highlighting showing some items and fees reduced and some struck completely, but provided no explanation for the reduction in the other two cases. As requested, the judges of the Seventh Judicial Circuit scheduled a hearing. Duffy was to submit all evidence in writing prior to the scheduled hearing and was informed that she would be allowed fifteen minutes to present oral argument. A panel of four judges conducted the hearing. The panel issued a memorandum decision affirming the reduced fees. Duffy petitioned this Court for Writ of Certiorari.
Review of Court Appointed Attorney Fees by Writ of Certiorari
. Counsel for the judges of the Seventh Judicial Circuit challenges whether this Court has jurisdiction to review the lower court's decision on attorney fees. Counsel claims that this Court's jurisdiction on a writ of certiorari is limited to determining whether a lower court had the power to act and not whether the court's decision was correct. Counsel further argues that the lower court's decision can only be reviewed by direct appeal. Duffy claims that this Court has jurisdiction in the form of a writ of certiorari because the lower court has exceeded its jurisdiction by committing a gross abuse of discretion in disallowing reasonable and just compensation and is, therefore, subject to a writ of certiorari.
. A writ of certiorari is an equitable remedy available when an inferior court exceeds its jurisdiction "and there is no writ of error or appeal nor, in the judgment of the court, any other plain, speedy, and adequate remedy." SDCL 21-31-1. The scope of review "cannot be extended further than to determine whether the inferior court . . . has regularly pursued the authority of such court." SDCL 21-31-8. Other courts have looked at this issue and determined that because of the nature of the claim, a writ of certiorari is the proper procedure to review court appointed attorney fees. Bye v. District Court, 701 P2d 56, 59 (Colo 1985); Norton v. Iowa Dist. Court for Cedar County, 554 NW2d 301, 303 (IowaApp 1996); Green v. Iowa Dist. Court for Mills County, 415 NW2d 606, 607 (Iowa 1987).
. A trial court's review of an attorney's fee for a court appointment is collateral to an underlying case. The Rules of Appellate Procedure set forth the types of judgments and orders which can be appealed. SDCL 15-26A-3. In this case, the Order affirming the reduction in fees is not a separately filed case and bears the case number of the criminal cases for which the services were provided. The only category of appeal under which it could conceivably fall is SDCL 15-26A-3(4) as a "final order affecting a substantial right, made in special proceedings, or upon a summary application in an action after judgment." Id.
. Yet, limiting review to a direct appeal rather than by writ of certiorari presents its own set of unique circ
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