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Terry v. Sweeney9/6/2000
and subsequent issuance of a written Order Granting Mistrial, we presume that the court found Sprague's mention of the term "insurance" to be deliberate. Further, we presume that, in declaring a mistrial, the trial court determined it was the necessary and least onerous action required to cure any possible prejudice. The trial court has the authority to take such action "by virtue of its inherent power and duty to assure a fair and impartial trial." Engle v. State, 821 P.2d 1285, 1289 (Wyo. 1991). Although declaration of a mistrial is a harsh remedy and we do not endorse its use in any rote or mechanical manner, this Court has recognized that " here comes a time . . . if the misconduct is sufficiently severe, damage control by objection and special instruction may not suffice to avoid mistrial or reversal." Barela v. State, 787 P.2d 82, 87 (Wyo. 1990). For these reasons, "we are unwilling to second-guess the court's ruling under these circumstances; consequently, we find no abuse of discretion." Brown v. State, 953 P.2d 1170, 1178 (Wyo. 1998).
B. Imposition of Sanction Costs; Refusal to Limit Sanction to One Co-Plaintiff; Refusal to Delay Imposition of Sanction Pending Retrial; Refusal to Permit Counsel to Pay Sanction Costs on Behalf of Clients
Terry takes issue with the imposition of the sanction itself; the trial court's refusal to limit the sanction to her co-plaintiff, Sprague, who violated the order by his testimony; the trial court's refusal to delay imposition pending retrial; and the trial court's refusal to permit counsel to pay the sanction on his clients' behalf. Terry essentially argues the trial court lacked authority through either rule or statute to impose the costs sanction against her for causing the mistrial. We believe the authority for both the sanction and the method of assessment is founded in the inherent authority of all courts to "take actions reasonably necessary to administer justice efficiently, fairly, and economically and [to ensure] the court's existence, dignity, and functions." 20 Am. Jur. 2d Courts ยง 43 at 363 (1995). As this Court noted in Bi-Rite Package, Inc. v. District Court of Ninth Judicial District of Fremont County, 735 P.2d 709, 714 (Wyo. 1987) (emphasis added):
It is unquestioned that courts have inherent powers beyond those specified in rules and statutes that are absolutely necessary to the courts' ability to perform the functions for which they were created. . . .
. . . t is said that courts possess an inherent power described as
"an extremely narrow range of authority involving activity so fundamental to the essence of a court as a constitutional tribunal that to divest the court of absolute command within this sphere is really to render practically meaningless the terms 'court' and 'judicial power.'" Eash v. Riggins Trucking, Inc., 757 F.2d 557, 562, 77 A.L.R.Fed. 751 (3rd Cir. 1985).
This power is essential to the separation of powers concept and allows a court to act notwithstanding contrary legislative direction. There is also an inherent power that is described as necessary to the efficient functioning and prompt and just disposition of litigation and business of the court. . . . Finally, there is an inherent power to take such action as is useful to the efficient functioning of the court.
The record contains no transcripts of the trial, except the excerpt of Sprague's brief testimony previously referenced, and contains no transcripts for any of the subsequent related hearings. As this evidence is unavailable, we must assume the trial court conducted itself in a reasonable and rational manner. The trial court issued a detailed Order Granting Mistrial and subsequent Order
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