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MAHLER v. BIRNBAUM

No. 11008.

501 P.2d 282 (1972)

95 Idaho 14

Pamela MAHLER, Plaintiff, v. Milton BIRNBAUM, in his capacity as Magistrate, Magistrate's Division of the District Court of the Third Judicial District for Canyon County, Idaho, Defendant.

Supreme Court of Idaho.

September 25, 1972.

Attorney(s) appearing for the Case

Michael Donnelly and Richard A. Skinner, Western Idaho Legal Aid, Caldwell, for plaintiff.

C. Robert Yost, Pros. Atty., Canyon County, Caldwell, for defendant.

W. Anthony Park, Atty. Gen., Charles P. Brumbach, Asst. Atty. Gen., Boise, amicus curiae.

PER CURIAM.

Invoking our original jurisdiction under art. 5, § 9 of the Idaho Constitution,1 plaintiff has applied for a writ of mandate compelling appointment of counsel to represent her in a prosecution for a petty misdemeanor. Plaintiff is charged with public drunkenness, a violation of the Caldwell municipal code,2 which carries a penalty of incarceration for no more than thirty days or a fine not...

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