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LUSTER v. BRODERICK, IN AND FOR SCOTT COUNTY

No. 67257.

327 N.W.2d 224 (1982)

Dennis LUSTER, Plaintiff, v. Honorable Jack F. BRODERICK, as Associate District Court Judge of the Iowa District Court In and For SCOTT COUNTY, Defendant. Fred DUNBAR, Plaintiff, v. Honorable Jack F. BRODERICK, as Associate District Court Judge of the Iowa District Court In and For SCOTT COUNTY, Defendant.

Supreme Court of Iowa.

December 22, 1982.

Attorney(s) appearing for the Case

Janelle Swanberg and Ann DiDonato, law student, Davenport, for appellants.

Thomas J. Miller, Atty. Gen., Lona Hansen, Asst. Atty. Gen. and William E. Davis, Scott County Atty., for respondent.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McCORMICK, LARSON, and SCHULTZ, JJ.

SCHULTZ, Justice.

Plaintiffs argue on this appeal that an indigent criminal defendant cannot be incarcerated for failure to post an appearance bond that the sentencing judge required after he deferred payment for thirty days of a fine the defendant could not pay. We conclude there is no authority for imposing an appearance bond in the present case and its imposition here is illegal. Accordingly, we sustain the writ of certiorari previously issued and we remand with...

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