Jacquelyn Michelle Turner v. Adam L. Belman ( 2016 )

IN THE COURT OF APPEALS OF IOWA
No. 15-1742
Filed March 23, 2016
JACQUELYN MICHELLE TURNER,
Plaintiff-Appellee,
vs.
ADAM L. BELMAN,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Scott County, Stuart P. Werling,
Judge.
An appellant appeals from a final domestic abuse protective order issued
pursuant to Iowa Code chapter 236 (2015). ORDER VACATED AND
REMANDED FOR FURTHER PROCEEDINGS.
Maria K. Pauly of Maria K. Pauly Law Office, P.C., Davenport, for
appellant.
James T. Ottesen of Scott County Domestic Abuse Special Prosecution
Program, Davenport, for appellee.
Considered by Tabor, P.J., and Bower and McDonald, JJ.
2
MCDONALD, Judge.
Adam Belman appeals from a final domestic abuse protective order issued
pursuant to Iowa Code chapter 236 (2015). Belman contends the Petitioner,
Jacquelyn Turner, failed to prove a domestic abuse assault occurred, a
prerequisite to obtaining relief. See Iowa Code § 236.4(1); Reed v. Reed, No.
13-0170, 2014 WL 69809, at *2 (Iowa Ct. App. Jan. 9, 2014). Belman also
contends the district court abused its discretion in denying Belman’s motion to
continue the final hearing. Because we agree with the latter argument and
conclude the final domestic abuse protective order must be vacated and this
matter remanded for a full hearing, we do not address the former argument.
By way of background, on September 10, 2015, Turner obtained a
temporary protective order. The temporary protective order set a final hearing for
September 16. Belman was served with the temporary protective order on
September 14. He appeared at the final hearing with his counsel. At the final
hearing, the district court informed the parties that the hearing was scheduled for
fifteen minutes, that each party would have seven and one-half minutes to
present evidence, and that cross-examination of witnesses would count against
the allotted seven and one-half minutes. Upon being informed of these
limitations, Belman’s counsel requested a continuance to a time when a full
hearing could be had. The district court denied the motion, and the hearing
proceeded. Turner offered into evidence a fifty-page exhibit, which contained
text messages and emails between the parties. Belman’s counsel interposed an
objection, stating, “Your Honor, in seven and a half minutes, I’m not going to be
able to review fifty pages of documents . . . .” The district court responded by
3
requesting Belman’s counsel mark the exhibit, which was admitted into evidence.
Following the brief hearing, the district court issued the final domestic abuse
protective order.
The standard of review for denial of a motion for continuance is an abuse
of discretion. Bell v. Iowa Dist. Ct., 494 N.W.2d 729, 731 (Iowa Ct. App.1992). A
court abuses its discretion when its decision is made on grounds or for reasons
that are clearly untenable or to an extent clearly unreasonable. State v. Bayles,
551 N.W.2d 600, 604 (Iowa 1996). We conclude the district court here, by
denying Belman’s motion to continue the hearing to allow a full hearing, abused
its discretion in arbitrarily limiting to seven and one-half minutes Belman’s time to
cross-examine witnesses, present evidence, and present argument. The leading
case is Rasmussen v. Rasmussen, No. 03-1206, 2004 WL 1073706, at *1 (Iowa
Ct. App. May 14, 2004). We quote it at length here:
Generally, the course and conduct of a trial are not regulated
by statute or rule, but are instead within the discretion of the trial
judge. In re Marriage of Ihle, 577 N.W.2d 64, 67 (Iowa Ct.
App.1998). No explicit rule creates such authority; rather, it is
recognized as an inherent power of a judge. Id. Trial judges are
authorized to impose reasonable time limits on a trial. Id. (citing
United States v. Hildebrand, 928 F.Supp. 841, 844-845 (N.D. Iowa
1996)). Yet, in the midst of such judicial autonomy, a trial court
should impose time limits only when necessary. In re Marriage of
Ihle, 577 N.W.2d at 68 (citing Duquesne Light Co. v. Westinghouse
Elec. Corp., 66 F.3d 604, 610 (3d Cir. 1995)).
Due process principles constrain the discretion of trial judges
to manage trials. In re Marriage of Ihle, 577 N.W.2d at 67.
Litigants are required to be given a fair opportunity to resolve their
disputes. Id. The degree of constraint a trial court may exercise is
dependent upon principles of due process which include the
consideration of the public and private interests involved, the
administrative burden implicated, the risk of erroneous decision due
4
to the nature of the hearing involved and the value of any additional
safeguards. Id. (citing In re Marriage of Seyler, 559 N.W.2d 7, 9
(Iowa 1997)); see United States v. Raddatz, 447 U.S. 667, 677
(1980).
The public and private interest in protecting people from
domestic abuse is substantial. See Bartsch v. Bartsch, 636 N.W.2d
3, 9 (Iowa 2001) (noting the state's interest in protecting against
domestic abuse is equal to, if not greater than, its interest in actions
determining child custody or terminating parental rights). We
conclude there is a public and private interest to be served in a
proper resolution of this dispute.
The administrative burden to the trial court depends on the
nature of the proceedings. In re Marriage of Ihle, 577 N.W.2d at
67. The increased burdens on our courts vary from district to
district and even from judge to judge. Id. The problem of
administrative burden “cannot be painted with a brush so broad as
to support the imposition of time limits as a matter of course.” Id.The administrative history involved in a particular case is a
significant consideration. Id. Both parties to this matter agreed the
hearing needed to be continued to a date that allowed a greater
amount of time to resolve the issue. The administrative burden to
the trial court to reschedule the hearing for a non-court service day
was minimal.
The risk of erroneous decision making based on stringent
time limitations is also a significant consideration. Arbitrary and
inflexible time limits are a serious threat to due process principles.
Id. at 68. “Thus, judges must not sacrifice their primary goal of
justice by rigidly adhering to time limits in the name of efficiency.”
Id. (citing General Signal Corp. v. MCI Telecomm. Corp., 66 F.3d
1500, 1509 (9th Cir. 1995)). In this case, upon the written motion of
the plaintiff, the judge continued the May 16, 2003 hearing to July
27, 2003. The court was aware that both parties believed they
needed more time. With its decision to continue the matter to
another court service day, the court did not place the parties in a
better position. Instead, the court merely delayed the hearing. A
time limit of one-half hour was originally imposed, and the parties
were limited to one additional witness each. The quality of decision
making suffers when important evidence has been excluded from
5
consideration as the result of time limits. In re Marriage of Ihle, 577
N.W.2d at 68.
The value of additional safeguards in hearings constrained
by time limits is a final consideration. Essential and relevant
evidence is considered by balancing the probative value against the
possibility of prejudice. Iowa R. Evid. 5.403. “The reason for this
balancing process helps explain the disfavor courts often express
towards the imposition of rigid time limits.” In re Marriage of Ihle,
577 N.W.2d at 68 (citing Duquesne Light Co. v. Westinghouse
Elec. Corp., 66 F.3d 604, 610 (3d Cir. 1995)). Time limits must be
applied with sufficient flexibility to ensure a fair trial. In re Marriage
of Ihle, 577 N.W.2d at 68. The order setting the hearing for one-
half hour provided insufficient time for both parties to adequately
present their respective cases. This time restriction allowed Cristie
only fifteen minutes to present her evidence in a contested
domestic abuse case. This amounted to seven and one-half
minutes per witness. Our conclusion is not changed by the fact the
actual hearing lasted approximately one hour. The attorneys were
still working within and burdened by the original time restriction.
In summary, arbitrary and inflexible time limits are
disfavored. Id. (citing General Signal Corp. v. MCI Telecomm.
Corp., 66 F.3d 1500, 1508 (9th Cir. 1995)). Accordingly, the
application of such standards will support a finding of abuse of
discretion, and will require a new trial. In re Marriage of Ihle, 577
N.W.2d at 68 (citing McKnight v. General Motors Corp., 908 F.2d
104, 115 (7th Cir. 1990)). We conclude that continuing this case to
another crowed court service day, originally limiting this contested
domestic abuse hearing to one-half hour, and limiting the number of
additional witnesses to one per party was an abuse of discretion on
the part of the district court. We therefore reverse the decision of
the district court and remand for a full hearing on this matter.
Rasmussen, 2004 WL 1073706, at *1-3.
For the same reasons set forth in Rasmussen, we vacate the final
domestic abuse protective order and subsequent modification orders and remand
6
this matter for a full hearing. The temporary protective order shall remain in
effect according to the terms and conditions set forth therein.
ORDER VACATED AND REMANDED FOR FURTHER PROCEEDINGS.