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SHELMIDINE v. JONES

No. 14152.

550 P.2d 207 (1976)

Larry SHELMIDINE et al., Plaintiffs and Respondents, v. Charles A. JONES et al., Justices of the Peace in Salt Lake County, Defendants and Appellants.

Supreme Court of Utah.

May 20, 1976.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, R. Paul Van Dam, Salt Lake County Atty., Donald Sawaya, Ronald N. Boyce, Asst. Salt Lake County Attys., Salt Lake City, Robert D. Moore, of Rawlings, Roberts & Black, Salt Lake City, for defendants and appellants.

Stephen R. McCaughey, of Salt Lake Legal Defender Assn., J. Thomas Greene, of Callister, Greene & Nebeker, Lionel Frankel, Salt Lake City, for plaintiffs and respondents.

CROCKETT, Justice:

These three plaintiffs were charged in separate cases with drunk driving in Salt Lake County and were each arraigned before one of the defendants, who are three justices of the peace. Each entered pleas of not guilty and joined in filing a petition in the district court for a writ prohibiting the defendants from proceeding in their respective cases on the ground that, inasmuch as the defendant justices of the peace were not members of the Utah Bar...

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