RAMSEY COUNTY PUB. DEFENDER'S OFF. v. FLEMING

Nos. 50804, 50805.

294 N.W.2d 275 (1980)

RAMSEY COUNTY PUBLIC DEFENDER'S OFFICE and Colia F. Ceisel, Assistant Ramsey County Public Defender, Petitioners, v. Hon. William J. FLEMING, Respondent. Daniel Anthony BARTON, Petitioner, v. Hon. William J. FLEMING, et al., Respondents.

Supreme Court of Minnesota.

April 18, 1980.


Attorney(s) appearing for the Case

William E. Falvey, Chief, Public Defender, and Ellen Seesel, Sp. Asst. Public Defender, Ramsey County, St. Paul, for petitioners.

Warren Spannaus, Atty. Gen., and Kent G. Harbison, Sp. Asst. Atty. Gen., and Jane Prohaska, Asst. Atty. Gen., St. Paul, for respondent.

William R. Kennedy, Hennepin County Public Defender, and David Knutson, Asst. Public Defender, Minneapolis, Popham, Haik, Schnobrich, Kaufman & Doty and Larry D. Espel, Minneapolis, Linda Ojala, Legal Counsel, Minnesota Civil Liberties Union, Minneapolis, amicus curiae.

Heard, considered and decided by the court en banc.


KELLY, Justice.

These consolidated cases are before us on petitions for writs of prohibition and mandamus. The petitioners seek an order directing respondent, the Honorable William J. Fleming, Judge of the Family Court Division of Ramsey County District Court, to fully advise all paternity defendants of their right to court-appointed counsel if indigent, and to formally determine their financial eligibility for appointed counsel before requiring them to admit or deny...

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