DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, January-April 1971 | 1971-01-13 Daily Iowan Article: ""District Judge Officially Denies Petition For Writ to Half of Untried Protesters""

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University of Iowa anti-war protests, January-April 1971

1971-01-13 Daily Iowan Article: ""District Judge Officially Denies Petition For Writ to Half of Untried Protesters""

DI 1/13/71
District Judge Officially Denies Petition For Writ to Half of Untried Protestors

   Iowa District Court Judge Ansel Chapman officially denied any written opinion Tuesday a petition for a writ of certiorari to half of the remaining untried persons arrested for disorderly contact here last spring.
   The writ, of granted, would have authorized a review of Iowa City Police Court Judge Joseph Thornton’s pretrial denial of four motions by defense lawyers.
   In applying for the writ, defense lawyers argued that Thornton acted illegally in overruling a defense motion for a continuance of a trial set for Jan. 4, acted illegally in ordering a consolidated trial for a majority of the defendants charged with disorderly conduct, acted illegally in not dismissing the charges because the complaintants had not witnessed the acts charged, and had acted illegally in refusing to rule on the constitutionality of Iowa City’s disorderly conduct ordinance.
   In denying the petition for a writ, Chapman wrote that “I find that the allegations contained in the application do not support or justify the issuance of a writ of certiorari in this case.”
   Chapman ruled that Thornton “certainly had the right to control his own calendar” and said that “the motion for continuance was addressed to his sound dis-

   CORRECTION
   The official opinion by Iowa District Court Judge Ansel Chapman was issued Tuesday, and not Monday as implied in a Daily Iowan story yesterday. The arguments and discussion reported yesterday did not necessarily have any direct bearing on the official opinion issued by Judge Chapman Tuesday. The Daily Iowan regrets the error.

Creation and a reviewing court should not interfere in the absence of an abuse of that discretion. . .”
   Chapman went on to say that in his opinion Thornton had not abused his discretion, and that the same authority to control his calendar permitted him to consolidate the trial. Chapman said that there was nothing illegal in the fact that a complaint was filed by persons not witness to the acts charged, and said that Thornton did not act improperly by refusing to rule on the constitutionality of the disorderly ordinance. He said that the proper occasion for appealing Judge Thornton’s rulings was in an appellate court, and not by petitioning for a writ of certiorari.
   “What petitioners seek to do, in effect, is to transform the writ of certiorari into a vehicle for an aggrieved party to obtain an interlocutory appeal to test the correctness of any legal ruling made by a police judge or a justice of the peace. This is not the function of the writ. This is especially true in the present situation where Petitioners’ right to a fair trial, without restriction as to any available evidence, is not circumscribed; and in view of that fact that Petitioners have the statutory right of appeal to this court. . .as well as a final appeal to the Supreme Court,” he wrote.
   Chapman then denied the petition.
   Of the original 225 persons arrested last May 8, 19 persons have been tried and acquitted and 15 have been severed from the larger group for what the city has termed different circumstances.

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DI 1/13/71 District Judge Officially Denies Petition For Writ to Half of Untried Protestors Iowa District Court Judge Ansel Chapman officially denied any written opinion Tuesday a petition for a writ of certiorari to half of the remaining untried persons arrested for disorderly contact here last spring. The writ, of granted, would have authorized a review of Iowa City Police Court Judge Joseph Thornton’s pretrial denial of four motions by defense lawyers. In applying for the writ, defense lawyers argued that Thornton acted illegally in overruling a defense motion for a continuance of a trial set for Jan. 4, acted illegally in ordering a consolidated trial for a majority of the defendants charged with disorderly conduct, acted illegally in not dismissing the charges because the complaintants had not witnessed the acts charged, and had acted illegally in refusing to rule on the constitutionality of Iowa City’s disorderly conduct ordinance. In denying the petition for a writ, Chapman wrote that “I find that the allegations contained in the application do not support or justify the issuance of a writ of certiorari in this case.” Chapman ruled that Thornton “certainly had the right to control his own calendar” and said that “the motion for continuance was addressed to his sound dis- CORRECTION The official opinion by Iowa District Court Judge Ansel Chapman was issued Tuesday, and not Monday as implied in a Daily Iowan story yesterday. The arguments and discussion reported yesterday did not necessarily have any direct bearing on the official opinion issued by Judge Chapman Tuesday. The Daily Iowan regrets the error. Creation and a reviewing court should not interfere in the absence of an abuse of that discretion. . .” Chapman went on to say that in his opinion Thornton had not abused his discretion, and that the same authority to control his calendar permitted him to consolidate the trial. Chapman said that there was nothing illegal in the fact that a complaint was filed by persons not witness to the acts charged, and said that Thornton did not act improperly by refusing to rule on the constitutionality of the disorderly ordinance. He said that the proper occasion for appealing Judge Thornton’s rulings was in an appellate court, and not by petitioning for a writ of certiorari. “What petitioners seek to do, in effect, is to transform the writ of certiorari into a vehicle for an aggrieved party to obtain an interlocutory appeal to test the correctness of any legal ruling made by a police judge or a justice of the peace. This is not the function of the writ. This is especially true in the present situation where Petitioners’ right to a fair trial, without restriction as to any available evidence, is not circumscribed; and in view of that fact that Petitioners have the statutory right of appeal to this court. . .as well as a final appeal to the Supreme Court,” he wrote. Chapman then denied the petition. Of the original 225 persons arrested last May 8, 19 persons have been tried and acquitted and 15 have been severed from the larger group for what the city has termed different circumstances.