Hooper v. State, 248 P.3d 748

Hooper was convicted in July 2004 of lewd and lascivious conduct with a minor under sixteen and ordered to pay $2500 restitution to the Payette County Court to fund the Idaho Industrial Commission's Victims Account, plus $88.50 in costs.
On direct appeal, the conviction was vacated due to a Sixth Amendment confrontation issue; by that time Hooper had paid $292.87 in restitution to the district court clerk for disbursement to the Victims Account.
In January 2008 Hooper moved to set aside the restitution order; in February 2008 the district court vacated the restitution obligation but refused to order a refund of past payments from the Industrial Commission.
The Victims Account is administered by the Idaho Industrial Commission under the Crime Victims Compensation Act; the Commission adjudicates benefits funded by restitution payments.
The Industrial Commission was not a party to the criminal proceeding, and there is no record of notice or appearance by the Commission in Hooper's motion seeking a refund, so the district court had no personal jurisdiction over the Commission to order a refund.
The Idaho Supreme Court affirmed, holding the district court correctly vacated the restitution order but lacked jurisdiction to refund Hooper’s prior payments; no costs were awarded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court had personal jurisdiction over the Industrial Commission to refund restitution	Hooper asserts inherent power to correct court wrongdoing and seeks refund from the Commission.	State contends the Commission was not a party and lacked notice; no jurisdiction over the Commission.	District court lacked personal jurisdiction; affirmed vacatur of restitution and denial of refund.

State v. Rogers, 140 Idaho 223 (2004) (personal jurisdiction over a party; authority to adjudicate)
State v. Wharfield, 41 Idaho 14 (1925) (sovereign power and prosecutor's role in criminal proceedings)
United States v. Singleton, 165 F.3d 1297 (10th Cir. 1999) (prosecutorial power as sovereign power)
La. State Bd. of Nursing v. Gautreaux, 39 So.3d 806 (La. Ct. App. 2010) (prosecutorial power and state sovereign factors)