Maldonado v. Maldonado

SCHWELB, Associate Judge,

concurring in the judgment:

The parties tendered a proposed consent decree extending the CPO to the trial judge for his signature. In my opinion, there was no basis whatever for any finding that the decree was unlawful, unreasonable or inequitable, and the judge made no such finding. No claim was made by Julio Maldonado that his consent was coerced or involuntary.1

Under these circumstances, I perceive no basis for the judge’s refusal to sign the consent order. Moore v. Jones, 542 A.2d 1253, 1254 n. 1 (D.C.1988). To the extent that the judge was exercising his discretion, that exercise was flawed as a result of his failure to apply the correct legal standard. In re J.D.C., 594 A.2d 70, 75 (D.C.*451991). In my view, that is all we need to decide, and I would be disinclined to go further.

We are dealing here with the extension of an injunction. Cruz-Foster, 597 A.2d 927, 931 (D.C.1991). Although we construe the remedial CPO statute generously, id., I have reservations, absent Julio Maldonado’s consent, about any suggestion that such hypothetical developments as Mr. Maldonado’s possible future escape from prison, or his possible release a few days before an extended order would expire, would be sufficient to require the judge to extend the CPO.2 See, e.g., Connecticut v. Massachusetts, 282 U.S. 660, 674, 51 S.Ct. 286, 291, 75 L.Ed. 602 (1931) (an “[injunction issues to prevent existing or presently threatened injuries. One will not be granted against something feared as liable to occur at some indefinite time in the future”); Wisconsin Gas Co. v. F.E.R.C., 244 U.S.App.D.C. 349, 354, 758 F.2d 669, 674 (1985) (same).3

We recently reiterated our unwillingness, in the exercise of judicial restraint, to address or decide difficult questions before we are obliged to do so. See District of Columbia v. Wical Limited Partnership, 630 A.2d 174, 181-182 (D.C.1993), and authorities there cited. Given the dispositive presence in this record of Julio Maldonado’s apparently unconstrained consent, I would not explore issues which would meaningfully arise only if he had not consented. Accordingly, I concur in the judgment but respectfully decline to join the court’s opinion.

. In fact, Mr. Maldonado had little if any reason to object to the extension of the CPO. He would be in prison during all or most of the time that it would be in effect. Its potential impact on his life would obviously be significantly reduced by the reality of his incarceration.

. For similar reasons, I would not explore on this appeal the question whether the possibility that Julio Maldonado might be able or disposed to make threatening or otherwise inappropriate telephone calls from prison would have been sufficient to warrant extension of the order over his objection.

. I do not suggest that the standards articulated in these cases and others like them should be applied uncritically to the CPO context. Cf. Cruz-Foster, supra, 597 A.2d at 931. The difficulty of the questions presented, however, reinforces my view that we ought not to confront them until we have to.