BURNS v. SIEBENMANN

No. 60729.

266 N.W.2d 11 (1978)

Kevin J. BURNS, Commissioner of the Iowa Department of Social Services, Plaintiff, v. John F. SIEBENMANN, District Associate Judge, Iowa District Court for Linn County, Juvenile Division, Defendant.

Supreme Court of Iowa.

May 17, 1978.


Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., Stephen C. Robinson, Sp. Asst. Atty. Gen., and Theodore R. Boecker, Asst. Atty. Gen., for plaintiff.

Eugene J. Kopecky, County Atty., and Glenn Johnson, Asst. County Atty., for defendant.

Considered by MOORE, C. J., and LeGRAND, REES, HARRIS and McCORMICK, JJ.


McCORMICK, Justice.

The question in this original certiorari action is whether the defendant judge exceeded his jurisdiction or acted illegally in entering a dispositional order in a juvenile delinquency case. We sustain the writ.

Peter Silvian Vasquez, age 17, was adjudicated a delinquent by defendant Judge Siebenmann on May 3, 1977. A disposition hearing was held the same date.

An assistant county attorney, other than present counsel for defendant...

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