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Terry v. Sweeney9/6/2000
Awarding Costs by which it clearly justified the declaration of mistrial and the sanction on the basis of the plaintiffs' violation of the pretrial order. The trial court's reduction of the attorney fees by more than $6,000 demonstrates its careful review. Based on the trial court's actions, there is a presumption that it determined the violation of its pretrial order to be deliberate.
The court's reasons for refusing to limit the sanction to Sprague were clearly spelled out. The violation of the pretrial order "occurred in the presentation of the case in chief being presented (a) on behalf of both Plaintiffs, and (b) in support of the Amended Complaint seeking damages on behalf of both Plaintiffs." (Emphasis added.) The court logically concluded that the plaintiffs, acting in concert to obtain damages, should be sanctioned in concert for misconduct.
Terry also asserts error that the trial court did not delay imposition of the costs pending retrial. To this Court, the sanction appears aimed at bringing the parties into essentially the same financial position with regard to the litigation as they held prior to the mistrial. Further, it appears to be intended to deter the plaintiffs from again violating a trial court order with impunity. Neither of these purposes would be met if assessment were withheld pending retrial.
Terry argues the trial court erred in refusing to permit her counsel to pay the costs on behalf of his clients. The trial court made it clear that the sanction was to be paid by the plaintiffs because the mistrial was a direct consequence of their violation of the pretrial order. The intended deterrent effect of the sanction on Terry would have been undermined by permitting her counsel to cover the payment.
On the basis of these particular facts and circumstances, we find the trial court acted within its inherent authority to ensure its efficient functioning and the prompt and just disposition of litigation. "An inherent power to impose the sanctions has been recognized because of the special circumstances, although support for those sanctions may not be found in particular rules and legislative enactments." Bi-Rite Package, Inc., 735 P.2d at 716. As the sanction was within the trial court's inherent authority, so too was the method and manner of assessment.
C. Access to the Courts
Terry contends the trial court's requirement that she pay the sanction costs prior to a new trial constituted denial of access to the courts. Despite Terry's extensive review of the case law pertaining to access to the courts, equal protection, and due process, the position asserted is not well founded in the facts. We acknowledge "that the right to access to the courts is a fundamental right pursuant to Article 1, Section 8" of the Wyoming Constitution. Mills v. Reynolds, 837 P.2d 48, 54 (Wyo. 1992). However, no convoluted reasoning or twisted view of the facts will change what is apparent on the face of the record. Terry had access to the courts when she filed her personal injury action, conducted discovery, had a trial scheduled and pretrial orders issued, and, on October 28, 1996, began her trial in court. Although the plaintiffs were literally in court, having been provided the requisite access, Sprague deliberately violated a court order, and a mistrial was declared.
It is generally recognized that a court does not violate an open courts provision when it acts to punish conduct that disrupts the orderly administration of justice. See, e.g., Jensen v. Zuern, 517 N.W.2d 118, 129 (N.D. Ct. App. 1994); Williams v. State, 405 N.W.2d 615, 624-25 (N.D. 1987); Protect Our Mountain Environment, Inc. v. District Court in and for County of J
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