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Gosnell v. Twelfth District Court3/5/1999
FOR PUBLICATION
9:00 a.m.
Defendant appeals of right an opinion and order entered by the Jackson circuit court on plaintiffs' petition for superintending control. We reverse and remand.
I. Basic Facts And Procedural History
A. The Gosnell Peace Bond Proceedings
This case arises out of peace bond proceedings originally handled by 12th District Court Judge James M. Justin ("Judge Justin"). In the proceedings involving plaintiffs Gerald and Leona Gosnell, Louise Taylor initiated the peace bond for an alleged breach of the peace occurring in September of 1995. Apparently, the Gosnells and the Taylors, who lived across the street from each other, had difficulty getting along and each sought peace bonds against the other. Based on the problems alleged by the parties, Judge Justin concluded that a peace bond was needed. Mr. Gosnell agreed to sign the peace bond if it was a matter of him going to jail or not, which Judge Justin indicated were the general options.
In early May of 1996, the matter was again before Judge Justin on an alleged violation of the peace bond by Mr. Gosnell. Mr. Gosnell, proceeding in propria persona, denied the accusation and Judge Justin set the matter for a hearing the following day, in which Mr. Gosnell again proceeded in propria persona. During the hearing, Mr. Gosnell inquired whether he could discuss the case with the local newspaper. Judge Justin responded that such action would be in violation of the peace bond. Judge Justin agreed to continue the matter for several weeks so that two potential witnesses could be subpoenaed. However, at the next hearing in late May of 1996, where Mr. Gosnell was represented by counsel, that counsel indicated that he was satisfied that the witnesses had nothing to offer. Counsel further requested Judge Justin to reconsider the necessity for the peace bond, arguing that the peace bond statute had not been complied with by the court. Judge Justin requested counsel to file a written motion on the matter, but never ruled on the matter because of the petition for superintending control filed in the interim.
B. The Reichard Peace Bond Proceedings
In the proceedings involving plaintiff Kip Reichard, Cynthia Edwards filed a complaint for a peace bond in May of 1996, for an alleged breach of the peace occurring from late April of 1996 to middle May of 1996. Proceedings in the Reichard matter began in September of 1996, with all parties proceeding in propria persona. This matter also apparently concerned a dispute between neighbors which arose during the Reichards' divorce proceedings. At the Conclusion of the hearing, Judge Justin determined that Mr. Reichard's conduct required a peace bond in the amount of $100,000.
In late September of 1996, a hearing was held on a violation of Reichard's peace bond, which allegedly occurred on the same day he signed the peace bond. Reichard denied that he had violated the peace bond and the matter was set for hearing in early October of 1996. However, Judge Justin never ruled on the matter because plaintiffs filed a complaint for writ of superintending control.
C. The Complaint For Superintending Control And Subsequent Proceedings
Plaintiff's complaint for superintending control alleged that Judge Justin exceeded his authority by failing to advise plaintiffs that they had the right to a jury trial or a bench trial, by failing to advise them that they had the right to counsel and that counsel could be appointed if they were indigent, by failing to advise them of the right to call and question witnesses, by failing to advise them of the burden of proof, by failing to comply with the
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