danny-homan-steven-j-sodders-jack-hatch-pat-murphy-and-mark-smith-v ( 2015 )

IN THE SUPREME COURT OF IOWA
No. 14–0178
Filed May 29, 2015
DANNY HOMAN, STEVEN J. SODDERS, JACK HATCH, PAT MURPHY,
and MARK SMITH,
Appellees,
vs.
TERRY BRANSTAD, Governor, State of Iowa, and CHARLES M.
PALMER, Director, Iowa Department of Human Services,
Appellants.
Appeal from the Iowa District Court for Polk County, Scott D.
Rosenberg, Judge.
The Governor and the director of the department of human
services appeal from the district court’s grant of a temporary injunction
prohibiting them from closing the Iowa Juvenile Home. REVERSED AND
REMANDED WITH INSTRUCTIONS.
Thomas J. Miller, Attorney General, Jeffrey S. Thompson, Solicitor
General, Meghan L. Gavin and Timothy L. Vavricek (until withdrawal),
Assistant Attorneys General, for appellants.
Mark T. Hedberg, Nathaniel R. Boulton, and Sarah M. Wolfe of
Hedberg & Boulton, P.C., Des Moines, for appellees.
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MANSFIELD, Justice.
During the 2013 legislative session, the Iowa General Assembly
appropriated funds for the operation of the Iowa Juvenile Home (IJH) in
Toledo for the 2014 fiscal year (July 1, 2013 to June 30, 2014).
Approximately five months into that fiscal year, the Iowa Department of
Human Services (DHS) decided to close the home and find alternative,
judicially approved placements for the twenty-one girls who resided
there.
Two state senators, two state representatives, and the president of
the labor organization representing employees at the IJH filed suit
against the Governor and the director of DHS. In addition to other relief,
the plaintiffs sought a determination that the defendants’ refusal to
spend appropriated funds to continue operating the IJH was
unconstitutional. Agreeing with the plaintiffs, the district court entered a
temporary injunction preventing closure of the IJH.
The Governor and the DHS director sought interlocutory review of
this injunction. We granted their request and stayed the injunction
pending appeal. Meanwhile, the general assembly declined to fund
ongoing operations of the IJH for the 2015 fiscal year (July 1, 2014 to
June 30, 2015).
The Governor and the DHS director raise several arguments as to
why the injunction was wrongly entered. The plaintiffs, on the other
hand, contend the injunction was properly granted. We decline to reach
either side’s arguments. Instead, we determine the case is moot because
the legislature is no longer appropriating funds for the operation of the
IJH. Accordingly, we reverse the judgment of the district court and
remand with instructions to dismiss the case as moot.
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I. Background Facts and Proceedings.
On June 20, 2013, subject to exceptions not relevant here, the
Governor approved an act of the general assembly appropriating funds
for health and human services for the 2014 fiscal year running from July
1, 2013 to June 30, 2014. See 2013 Iowa Acts ch. 138. Section 17 of
the act included, in part, an appropriation to DHS for the continued
operation of the IJH:
Sec. 17. JUVENILE INSTITUTIONS. There is
appropriated from the general fund of the state to the
department of human services for the fiscal year beginning
July 1, 2013, and ending June 30, 2014, the following
amounts, or so much thereof as is necessary, to be used for
the purposes designated:
1. For operation of the Iowa juvenile home at Toledo
and for salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
............................... $ 8,859,355
. . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00
Id. ch. 138, § 17.
On August 20, 2013, responding to reports of improper use of
seclusion and restraint at the IJH, the Governor issued Executive
Order 82, which created the Iowa Juvenile Home Protection Task Force.
See Exec. Order No. 82 (2013), available at https://governor.iowa.gov/
sites/default/files/documents/Executive-Order-82.pdf. The executive
order noted, among other things, that “protecting the health, safety and
welfare of Iowa’s children is of the utmost importance,” and “all Iowa
children deserve the best care and education we can provide.” Id. The
executive order directed DHS to conduct “trauma-informed care training”
for IJH staff within thirty days. Id. In addition, the executive order
charged the task force with the following responsibilities:
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a. Make recommendations about how to improve
services for [IJH] residents;
b. Review incident data to ensure a high-level of care
is delivered at the Iowa Juvenile Home;
c. Recommend a strategy for the permanent
elimination of seclusion rooms outside the cottage
setting;
d. Recommend a strategy outlining the transition of
the Iowa Juvenile Home’s education plan from being
managed from the Department of Human Services to
Area Education Agency 267; and
e. Reach other goals and objectives as requested by
the Office of the Governor.
Id. The task force was directed to “report its findings and make them
available to the public no later than October 15, 2013.” Id.
Despite this tight time schedule, the IJH task force issued its
report to the Governor on October 9. 1 Iowa Juvenile Home Protection
Task Force, Report of the Iowa Juvenile Home Protection Task Force
(Oct. 9, 2013), available at https://dhs.iowa.gov/sites/default/
files/Report%20of%20the%20Iowa%20Juvenile%20Home%20Protection
%20Task%20Force.pdf. The task force stated it had undertaken its
investigation “with one over-riding goal: to make recommendations
guided solely by the best interests of Iowa’s youth.” Id. (cover letter). The
task force made several findings. Among other things, it criticized the
housing of two separate populations of girls at the IJH—namely, girls
who had been adjudicated delinquent and girls who had been
adjudicated children in need of assistance (CINA). Id. at 2. Also, the
task force found the IJH’s physical plant “is, in many respects, outdated
and unsuitable for the use to which the IJH is put.” Id. Additionally, it
noted that the IJH’s control rooms “have an extreme ‘prison-like’
1The plaintiffs cited and discussed the IJH task force report in their petition but
did not attach a copy. We take judicial notice of the report’s actual contents. See King
v. State, 818 N.W.2d 1, 6 & n.1 (Iowa 2012) (taking judicial notice of reports and studies
referenced in the plaintiffs’ petition and citing authority for doing so).
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appearance and contribute to the creation of the ‘corrections culture’
that was prevalent at the [IJH] in the past.” Id. The report also observed
that private placements could enable the CINA youth to benefit from
federal funding and would allow both the CINA youth and the delinquent
youth to receive additional services upon reaching eighteen years of age.
Id. at 4.
The task force then made a series of recommendations based on
“the best interests of the youth.” Id. at 4–7. Among other things, the
task force advised that CINA girls no longer be admitted to the IJH. Id.
at 6. Further, it recommended that if delinquent girls are to be placed at
the IJH, “the cottages currently on the campus should be replaced with
living units that are designed per current standards . . . and with
seclusion rooms in the living units themselves.” Id. at 5.
Thus, the task force did not specifically recommend the closure of
the IJH, but did recommend that the IJH stop admitting CINA girls and
that the existing residences for delinquent girls be replaced if the IJH
continued to serve delinquent girls.
Two months later, on December 9, the director of DHS announced
his decision to find alternative placements for IJH residents and to
shutter the IJH. The director stated his decision was “based on
recommendations from the Iowa Juvenile Home Protection Task Force.”
The director’s announcement pointed out that the IJH currently served a
total of twenty-one girls, including eleven delinquent girls, nine girls who
had been adjudicated CINA, and one girl who was being evaluated.
The director further observed that while “[n]ew methods of de-
escalating behavior [had] resulted in a 93 percent reduction in the use of
seclusion measures” at the IJH, it would be preferable to work with other
facilities and community-based providers “who can offer a variety of
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services and supports which would not be available on the Toledo
campus if it were serving only a very small number of delinquent girls.”
(internal quotation marks omitted). The director offered his view that the
girls currently in the IJH “will be served most successfully through court-
approved alternative placements.” (internal quotation marks omitted).
The director added that employee layoffs at the IJH would occur effective
January 16, 2014.
On January 2, AFSCME Iowa Council 61 President Danny Homan,
Senator Steven J. Sodders, Senator Jack Hatch, Representative Pat
Murphy, and Representative Mark Smith filed this action in Polk County
District Court against the Governor and the DHS director. AFSCME Iowa
Council 61 is the state branch of the American Federation of State,
County, and Municipal Employees and represents public employees in
Iowa, including the staff at the IJH. Sodders, Hatch, Murphy, and Smith
were members of the Iowa General Assembly when the suit was filed.
The petition alleged that the Governor’s decision disallowing the
spending of the $8,859,355 that had been legally appropriated to the
operation of the IJH for fiscal year 2014 exceeded his constitutional
authority. The plaintiffs also alleged that the defendants had exceeded
the recommendations of the task force, which they contended “at no
point suggested the closing of the Iowa Juvenile Home at Toledo.” The
plaintiffs did not allege that any provision of Iowa law apart from the
2014 appropriation required the defendants to keep the IJH open.
The plaintiffs sought (1) a declaration that the “refusal to allow the
spending of funds appropriated . . . is an unconstitutional
impoundment,” (2) an injunction preventing the closure of the IJH, and
(3) a writ of mandamus ordering the IJH to remain open.
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On January 10, the plaintiffs filed an application for a temporary
injunction. The application asserted the defendants’ impoundment of
appropriated funds would result in irreparable harm to the plaintiffs.
The plaintiffs sought a temporary injunction restraining the defendants
from closing the IJH. An accompanying brief explained that the
defendants’ actions had violated article IV, section 9 of the Iowa
Constitution, which provides the Governor “shall take care that the laws
are faithfully executed.” Iowa Const. art. IV, § 9.
The Governor and the DHS director moved to dismiss the petition
on January 21. They asserted the plaintiffs lacked standing and had
failed to state a claim upon which relief could be granted. The
defendants also resisted the application for temporary injunction,
arguing the plaintiffs had not met the standards for such an injunction
because “the language of the appropriation at issue, coupled with the
statutory discretion afforded the executive branch to manage the budget,
provides no legal basis upon which a court could determine that there
has been an [unconstitutional] impoundment of funds.” The defendants
also contended that the plaintiffs had not established irreparable harm.
The plaintiffs, meanwhile, argued that plaintiff Homan had
standing as the president of the union representing bargaining-unit
employees at the IJH; that plaintiffs Sodders, Hatch, Murphy, and Smith
had standing as legislators; and that all five plaintiffs had standing as
residents, taxpayers, and citizens. The plaintiffs also maintained that
the defendants’ actions amounted to an unconstitutional impoundment
of funds in violation of article IV, section 9 of the Iowa Constitution. A
supporting affidavit from Homan explained that the closure of the IJH
had adversely affected union members because it had resulted in job
losses.
8
A hearing on the motion to dismiss and the application for
temporary injunction took place on January 31. The plaintiffs did not
present any additional evidence at the hearing. The defendants
introduced several exhibits, two of which were affidavits from DHS
officials.
First, an affidavit from DHS’s chief financial officer stated that as
of January 8, the department had spent $3,675,150 of the $8,859,355
maximum appropriated for the IJH for the fiscal year ending on June 30.
The affidavit also indicated that for the remainder of the fiscal year, the
department would expend an estimated $2,297,187 “to pay for ongoing
maintenance and infrastructure support” at the home, despite the
decision to close it.
Second, DHS also submitted an affidavit from its division
administrator for field operations. She stated that she was involved in
the placement recommendations for children who were relocated as a
result of the closing of the IJH. She explained that juvenile court
approval was required before any placement recommendation was
implemented, and most of the children who had been housed at the IJH
were transferred to less restrictive levels of care.
Lastly, the defendants offered several documents relating to the
collective bargaining relationship between AFSCME Iowa Council 61 and
DHS. These were a copy of the parties’ collective bargaining agreement;
the grievance filed by Homan with DHS over closure of the IJH; and a
memorandum of understanding between AFSCME Iowa Council 61,
DHS, and others concerning transfer rights for employees who had been
impacted by the layoffs resulting from the closure of IJH.
The district court issued its ruling and order on February 5. It
denied the defendants’ motion to dismiss and granted the plaintiffs’
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request for a temporary injunction. As an initial matter, the court
concluded the plaintiffs had standing:
Plaintiff Danny Homan is the President of the American
Federation of State, County, and Municipal Employees
(“AFSCME”) Iowa Council 61. . . . 93 members of the
AFSCME Iowa Council 61 who worked at the Iowa Juvenile
Home in Toledo were laid off following the closure of [the]
facility. Therefore, the members have suffered an injury as a
result of the Defendants’ actions, and Danny Homan has
standing as the President of AFSCME Iowa Council 61 to
represent their interests.
. . . The Plaintiff legislators have alleged that the
Defendants’ decision to close the facility frustrated legislative
intent and constituted an impoundment of appropriated
funds in violation of Article IV Section 9 of the Iowa
Constitution (“He shall take care that the laws are faithfully
executed.”). Therefore, the Plaintiff legislators have been
injured by the Defendants’ actions, and have standing in this
case to protect the effectiveness of their votes.
On the merits, the court then determined a temporary injunction
was appropriate:
The Court finds that the facts and circumstances of
this case support the burden of proof required by the
Plaintiffs seeking the preliminary injunction. First, Plaintiffs
are entitled to relief because the actions of the Defendants
constitute an act or omission that would greatly and
irreparably injure the Plaintiffs. In addition, it appears the
Defendants are threatening to do or have, in fact, already
committed an act which violates the Plaintiffs’ rights: the
ignoring or contravention of a duly enacted law of the Iowa
Legislature.
The court went on to state that it considered the case likely to
succeed on the merits because “the actions of the Defendants, and, in
particular, the Governor of the State of Iowa, allowing an appointee to
unilaterally frustrate and, in effect, change the laws as duly enacted by
the Iowa Legislature cannot be allowed.” It elaborated:
If the Department of Human Services and the Toledo facility
could operate with some amount less than the
$8,859,355.00 appropriated, so be it. But to totally
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eliminate the operations of the Toledo Home under the guise
of the language “or so much thereof as is necessary” is to
essentially ignore the laws of the State of Iowa as enacted
lawfully by the General Assembly and allows the Executive
branch to unilaterally decide which laws it will obey and
which laws it will not.
We granted the defendants’ application for interlocutory appeal on
February 21. At the same time, we stayed the district court proceedings
and the temporary injunction.
During the 2014 legislative session that ended May 2, the
legislature adopted and the Governor subsequently approved the
following appropriation for the IJH:
Sec. 147. JUVENILE INSTITUTIONS. There is
appropriated from the general fund of the state to the
department of human services for the fiscal year beginning
July 1, 2014, and ending June 30, 2015, the following
amounts, or so much thereof as is necessary, to be used for
the purposes designated:
1. For operation of the costs of security, building and
grounds maintenance, utilities, salary, and support for the
facilities located at the Iowa juvenile home at Toledo and for
salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full-time
equivalent positions:
............................... $ 4,429.678
507,766
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00
2.00
2014 Iowa Acts ch. 1140, § 147. 2
2The Governor line-item vetoed a proviso which stated, “The full-time equivalent
positions authorized by this subsection, as amended by this 2014 Act, are intended to be
filled by the maintenance staff persons performing such duties at the time the Iowa
juvenile home was closed in January 2014.” 2014 Iowa Acts ch. 1140, § 147.
11
II. Standard of Review.
The parties disagree whether the plaintiffs have standing to sue.
Compare Godfrey v. State, 752 N.W.2d 413, 417, 423–24, 428 (Iowa
2008) (finding a citizen–taxpayer lacked standing to bring a claim that
the legislature’s enactment of a law violated the single-subject rule of the
Iowa Constitution), with Rants v. Vilsack, 684 N.W.2d 193, 198 (Iowa
2004) (indicating citizen–taxpayers had standing to challenge the
constitutionality of the Governor’s line-item vetoes).
The parties also disagree on the merits—namely, whether the
Governor and the director of DHS could lawfully stop spending money to
operate the IJH. See Op. Iowa Att’y Gen. No. 80-8-8 (Aug. 11, 1980),
1980 WL 26040, at *6 (providing the attorney general’s views as to when
the executive withholding of funds would and would not be
constitutional). Compare Felicetti v. Sec’y of Cmtys. & Dev., 438 N.E.2d
343, 344 (Mass. 1982) (finding executive impoundment of funds
unlawful), and Cnty. of Oneida v. Berle, 404 N.E.2d 133, 138 (N.Y. 1980)
(same), with Pennsylvania v. Lynn, 501 F.2d 848, 851, 854–56 (D.C. Cir.
1974) (upholding the executive’s decision not to spend appropriated
funds), and N.H. Health Care Ass’n v. Governor, 13 A.3d 145, 157–58
(N.H. 2011) (upholding the Governor’s decision to spend less than the
amount that had been appropriated). 3
We review questions of standing for correction of errors at law.
Godfrey, 752 N.W.2d at 417. We review claims of state constitutional
violations de novo. Id. Review of the issuance of a temporary injunction
is for an abuse of discretion. State v. Krogmann, 804 N.W.2d 518, 523
(Iowa 2011).
3Much of this caselaw was discussed in the district court’s thorough ruling.
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Here, however, we confront a threshold question—whether the
litigation is now moot because, in the 2014 legislative session, the
legislature ended appropriations for the operation of the IJH. “It is our
duty on our own motion to refrain from determining moot questions.”
Albia Light & Ry. Co. v. Gold Goose Coal & Mining Co., 176 N.W. 722, 723
(Iowa 1920), aff’d on reh’g, 192 Iowa 869, 185 N.W. 571 (1921).
III. Mootness.
Courts exist to decide cases, not academic questions of law. For
this reason, a court will generally decline to hear a case when, because of
changed circumstances, the court’s decision will no longer matter. This
is known as the doctrine of mootness.
“A case is moot if it no longer presents a justiciable controversy
because the issues involved are academic or nonexistent.” Iowa Bankers
Ass’n v. Iowa Credit Union Dep’t, 335 N.W.2d 439, 442 (Iowa 1983). In
Iowa Bankers Association, we dismissed as moot the portion of an appeal
that challenged certain administrative rules. Id. During the pendency of
the appeal, the general assembly had passed legislation directing the
agency to issue new rules, and the challenged rules had been rescinded.
Id.
“Our test is whether an opinion would be of force and effect with
regard to the underlying controversy.” Women Aware v. Reagen, 331
N.W.2d 88, 92 (Iowa 1983). In Women Aware, a case with some
similarities to the one at hand, the legislature had enacted the following
provision as part of a two-year appropriation:
It is the intent of the general assembly that the schedule of
living costs and the payment for persons on the aid to
dependent children program shall be increased for all family
sizes by six percent commencing October 1, 1979 and by an
additional six percent commencing October 1, 1980.
13
Id. at 90 (quoting 1979 Iowa Acts ch. 8, § 10(1)). However, in response to
a budget shortfall, the department of social services indefinitely deferred
the six percent increase that was to begin October 1, 1980. Id. at 89.
Plaintiffs sought administrative and judicial relief on the ground that the
department’s action violated the separation of powers, and was ultra
vires, unreasonable, arbitrary, and capricious. Id. at 90. The district
court denied relief, and plaintiffs appealed. Id.
Meanwhile, though, the legislature retroactively amended the
appropriation to delete the six percent increase beginning October 1,
1980. Id. We found the case moot, reasoning, “The legislature’s
retroactive repeal of the original statute providing for the benefit increase
precludes recovery by petitioners and obviates any necessity to resolve
the other issues raised.” Id. at 93.
In Wengert v. Branstad, the plaintiffs challenged a line-item veto
striking the words “minimum security” from certain appropriations. 474
N.W.2d 576, 577 (Iowa 1991). The Governor initially fought the lawsuit,
but ultimately agreed to a decree that enjoined him from spending the
appropriated money for any purpose other than minimum-security
facilities. Id. We determined that the trial court had properly decided
the case was moot. Id. at 579. As we put it,
Our lawgiving function is carefully designed to be an
appendage to our task of resolving disputes. When a dispute
ends, the lawgiving function ordinarily vanishes because it is
axiomatic that we ordinarily do not answer academic or moot
questions. We certainly should not go out of our way to
answer a purely moot question because of its possible
political significance. We regularly decline to address
constitutional questions unless their answers are necessary
to dispose of the case. . . .
....
A pronouncement on the merits of plaintiffs’ challenge
in this case would cast no light, would in no way expand,
14
develop, or refine the understanding of the governor’s veto
authority. It would serve only to state officially who was
right and who was wrong. The governor’s consent to expend
the appropriated funds in accordance with the demands in
plaintiffs’ petition ended all practical aspects of the dispute.
This rendered plaintiffs’ challenge academic. The trial court
was correct in so holding.
Id. at 578–79 (citation omitted).
We believe this case is likewise moot. The plaintiffs did not seek
any monetary relief, only a declaratory judgment and a court order
barring the closure of the IJH. During the 2014 legislative session, the
legislature decided to close the IJH. See 2014 Iowa Acts ch. 1140,
§ 147. 4 Our resolution of the present case will not affect that outcome.
One of our neighboring state supreme courts has applied the
mootness doctrine to an impoundment case. W. Side Org. Health Servs.
Corp. v. Thompson, 404 N.E.2d 208, 209–10 (Ill. 1980). In that case, the
Illinois legislature had appropriated money for drug-abuse treatment
services. Id. at 209. The Governor, citing budgetary concerns, ordered
part of the funds to be withheld. Id. The plaintiffs sued to force the
Governor to expend the full appropriation. Id. State law, however,
provided that all appropriations automatically lapsed no later than three
4The appropriations act for the 2015 fiscal year set a greatly reduced budget for
the IJH—covering only preservation and protection of the building and grounds. See
2014 Iowa Acts ch. 1140, § 147 (stating the diminished budget of $507,766 was for “the
costs of security, building and grounds maintenance, utilities, salary, and support for
the facilities”). Thus, an injunction to keep the IJH open and operating—even if
supported by the 2014 fiscal year appropriation, which has now expired—would be
contrary to the 2015 fiscal year appropriation. As noted, the plaintiffs do not allege that
any provision of law, other than the now-expired 2014 appropriation, required the
continued operation of the IJH.
Although the appropriation for the 2015 fiscal year had not yet occurred at the
time the district court granted the temporary injunction, we are permitted to consider
matters that have transpired during the appeal for the purpose of determining whether
a matter is moot. See Iowa Mut. Ins. Co. v. McCarthy, 572 N.W.2d 537, 539 n.1 (Iowa
1997). Additionally, courts may take judicial notice of legislative proceedings. See
Socony Vacuum Oil Co. v. State, 170 N.W.2d 378, 382 (Iowa 1969).
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months after the end of the fiscal year. Id. at 209–10. Despite the
expiration of this time period, the intermediate appellate court reached
the merits and found the Governor lacked authority to impound the
funds. Id. at 209. The Illinois Supreme Court reversed on the ground
the case had become moot. Id. at 211. That court observed,
[W]here no actual rights or interests of the parties remain or
where events occur which render it impossible for the
reviewing court to grant effectual relief to either party, the
issues raised by the litigation should not be resolved merely
to establish a precedent or to govern potential future cases.
Id. at 210.
Notwithstanding the Illinois Supreme Court’s decision, there is
some federal appellate authority that courts have “the power to order
that [appropriated] funds be held available beyond their statutory lapse
date if equity so requires.” Rochester Pure Waters Dist. v. EPA, 960 F.2d
180, 184 (D.C. Cir. 1992) (internal quotation marks omitted).
Budget authority lapse provisions impose deadlines that
require agencies to obligate funds within a specified period.
That period may be extended in the rare circumstance where
the extension will serve the interests of justice and the ends
Congress sought to bring about.
Id. But federal courts do not have authority to restore an appropriation
that Congress has elected to rescind. See id. at 185. Thus, in Rochester
Pure Waters District, the United States Court of Appeals for the District of
Columbia reversed an injunction entered by the lower court, holding “the
budgetary lapse cases do not control a situation in which Congress
rescinds appropriations with full knowledge of pending claims.” Id. at
186.
Previously, in Iowa, we have not extended the expiration date of an
appropriation on equitable grounds when there is a pending lawsuit
between the legislative branch and the executive branch concerning that
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appropriation. See Colton v. Branstad, 372 N.W.2d 184, 187 (Iowa 1985)
(indicating a line-item veto controversy became moot when the
appropriation expired at the end of the fiscal year); Rush v. Ray, 332
N.W.2d 325, 326 (Iowa 1983) (same). But even if we determined we had
that authority, the principles of Rochester Pure Waters District would
govern here. The judicial branch does not have authority to order state
officials to keep the IJH open based on a prior fiscal 2014 appropriation
when the legislative branch expressly decided not to appropriate funds
for the facility’s operation in fiscal 2015. Otherwise stated, this case is
definitely moot.
Even if a case is moot, we may nonetheless choose to decide it
under certain circumstances. The potentially relevant exception here is
the so-called public-importance exception: “An exception to the general
rule [against deciding moot cases] exists where matters of public
importance are presented and the problem is likely to recur.” In re
Guardianship of Kennedy, 845 N.W.2d 707, 711 (Iowa 2014) (internal
quotation marks omitted). We consider four factors in determining
whether we should exercise our discretion to decide a moot action under
this exception:
“(1) the private or public nature of the issue; (2) the
desirability of an authoritative adjudication to guide public
officials in their future conduct; (3) the likelihood of the
recurrence of the issue; and (4) the likelihood the issue will
recur yet evade appellate review.”
Maghee v. State, 773 N.W.2d 228, 234 (Iowa 2009) (quoting State v.
Hernandez-Lopez, 639 N.W.2d 226, 234 (Iowa 2002)).
For example, we exercised our discretion to decide an otherwise
moot case under the public-importance exception in Maghee. Id. at 235.
In that case, the petitioner had filed an application for postconviction
17
relief challenging the revocation of his work release, but had died while
the case was on appeal. Id. at 230–31. We noted the petitioner’s death
rendered the case moot, but nevertheless decided to reach the merits of
the appeal based on the public-importance exception. See id. at 235.
We concluded the exception was warranted under the four-prong test set
forth above:
[T]he present appeal presents an issue of general
applicability that is likely to reoccur. Prisoners are
transferred in and out of work release every day, and
challenges to such transfers inevitably arise. Certainly, it is
desirable to have an authoritative adjudication as to whether
such challenges should be pursued as judicial review of
agency action under chapter 17A or by filing a
postconviction-relief action under chapter 822. Public
officials as well as prisoners would benefit from such
guidance. In addition, due to the effect of earned-time
credits, work release, and parole, it is likely many actions
similar to the one brought by Maghee could be rendered
moot by the inmate’s release prior to the resolution of an
appeal . . . .
Id.
In Guardianship of Kennedy, we also found the public-importance
exception applied. 845 N.W.2d at 711. There, both parties urged us to
decide whether sterilization of a male ward required advance court
approval, even though the sterilization had already occurred. Id. at 710–
11. We found the issue was likely to recur. Id. at 711. In addition,
while it might be possible for the issue to reach an appellate court in a
future nonmoot case, the circumstances would be “less than ideal.” Id.
Either the ward would suffer prolonged uncertainty while the case was
being decided or he would already have been sterilized and would be
seeking only collateral relief. Id.; see also In re B.B., 826 N.W.2d 425,
428–29 (Iowa 2013) (“[O]ne exception [to the mootness rule] permits
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appellate review of otherwise moot issues when the issue is one of broad
public importance likely to recur.”).
In Hernandez-Lopez, we were confronted with both facial and as-
applied challenges to the Iowa statute that allows material witnesses to
be held pending trial. 639 N.W.2d at 232. The State sought to dismiss
the entire appeal as moot because the witnesses were no longer in state
custody. Id. at 233. We applied the public-importance exception in
order to hear the defendants’ facial challenge to the statute, explaining:
Our appellate courts have not yet interpreted section 804.11,
and a decision would provide guidance to law enforcement
personnel and judicial officers faced with similar situations
in the future. It is a virtual certainty that another individual
will be arrested under this statute. Most importantly, we
believe this is a case capable of repetition, yet evading
appellate review. Considering the time for processing an
appeal, in addition to the relatively short duration of
detentions under section 804.11, a detainee will often be
released from custody before an appellate court can reach
the issue.
Id. at 235 (citations omitted). At the same time, we declined to address
the defendants’ as-applied challenges that related to the specific
circumstances of their case. Id.
Clearly, the issue raised by this case is one of public importance.
In another area involving the limits of executive branch authority,
namely, the line-item veto, we have on several occasions applied the
public-importance exception to mootness, deciding to hear cases even
after the term of the affected appropriations expired. Thus, in Rush, we
reversed a trial court’s dismissal of an action challenging a line-item
veto, reasoning that “the question should have been considered under
the public interest exception.” 332 N.W.2d at 327. There we
emphasized, “[I]t seems probable that the vetoed language, or language
calling for the suspension of the operation of some other statute, might
19
be similarly placed in another appropriations bill.” Id.; see also Junkins
v. Branstad, 421 N.W.2d 130, 134 (Iowa 1988) (finding a line-item veto
case not moot but also disagreeing with the district court’s determination
that the public-interest exception did not apply); Colton, 372 N.W.2d at
187 (applying the public-important exception to mootness in a line-item
veto case). But see Wengert, 474 N.W.2d at 578–79 (declining to decide a
moot line-item-veto case under the public-importance exception).
Yet this case is different. We have seen line-item-veto cases with
some regularity since the Governor was given line-item veto authority by
a 1968 constitutional amendment. See Iowa Const. art. III, § 16; see
also, e.g., Homan v. Branstad, 812 N.W.2d 623, 629–30 (Iowa 2012)
(citing cases). By contrast, a computer-aided review of this court’s 175
years of caselaw does not reveal any previous case where we were called
upon to interpret article IV, section 9 of the Iowa Constitution—let alone
decide the constitutionality of an impoundment. We are not persuaded
that the question of the Governor’s impoundment authority will recur
any time soon.
If it does recur, it is likely to be framed somewhat differently.
Some of the defendants’ arguments in this case focus on the specific
language used in the 2014 appropriation—“or so much thereof as is
necessary.” 2013 Iowa Acts ch. 138, § 17. Additionally, the defendants
maintain they are obligated here to follow directives in Iowa Code chapter
232. See, e.g., Iowa Code § 232.1 (2013) (“When a child is removed from
the control of the child’s parents, the court shall secure for the child care
as nearly as possible equivalent to that which should have been given by
the parents.”); id. § 232.52(1) (requiring for delinquent youth “the least
restrictive dispositional order appropriate in view of the seriousness of
the delinquent act”); id. § 232.102(7) (requiring the disposition for CINA
20
youth to “serve the best interests of the child”). Both sides invoke the
report of the IJH task force. We are not saying these arguments are or
are not valid grounds for closing the IJH, just that they might make it
difficult to draw lessons from a decision on the merits of this case, if we
were to render such a decision.
Perhaps most importantly, the general assembly clearly could have
kept this case alive if it had appropriated funds for the continued
operation of the IJH during the 2014 legislative session (and if necessary,
overridden the Governor’s veto). Instead, the legislative branch, in effect,
acquiesced in the executive branch’s action while the case was pending.
Cf. Belfanti v. Casey, 596 A.2d 298, 302 (Pa. Commw. Ct. 1991) (finding
no impoundment of funds where the Governor closed a state hospital
and the legislature thereafter appropriated no funds for its continued
operation). In a sense, this case presents the other side of the coin from
Wengert, where the Governor effectively backed down from his previous
line-item veto while the case was pending, and on that basis we declined
to hear the case. Cf. 474 N.W.2d at 577, 579.
We recognize the decision to close the IJH was a controversial one,
with effects not only on the youth who lived there but also on the
individuals in Toledo and surrounding communities who worked there.
Yet we owe great respect to the two other coequal branches of
government. Part of that respect involves not telling them what they can
and cannot do unless the answer is likely to matter in this or a future
case. For all the reasons stated, we conclude the temporary injunction
should be vacated and the underlying action dismissed as moot. See,
e.g., Douglass v. Iowa City, 218 N.W.2d 908, 914 (Iowa 1974) (finding an
injunction “unwarranted insofar as it is based on” a moot ground).
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IV. Conclusion.
For the reasons stated, we determine that this action is moot and
that the public-importance exception does not justify our hearing an
otherwise moot case. We reverse and remand to the district court with
instructions to dismiss the case. Costs on appeal are taxed one-half to
the plaintiffs and one-half to the defendants.
REVERSED AND REMANDED WITH INSTRUCTIONS.