CLARK v. IVY

No. 59,433

240 Kan. 195 (1986)

727 P.2d 493

THE HONORABLE PAUL W. CLARK and THE HONORABLE JAMES G. BEASLEY, District Court Judges, Eighteenth Judicial District, Petitioners, v. JOHN T. IVY, JERRY DRISCOLL, JACK SHRIVER, DEBORAH PURCE JONES, JAMES T. WIGLESWORTH, LYNN ZELLER-BARCLEY, MAURICE J. RYAN, ALAN G. METZGER, PAUL WINKLER, Who Comprise The State Board of Indigents' Defense Services; and RONALD E. MILES, Director of the State Board of Indigents' Defense Services, Respondents.

Supreme Court of Kansas.

Opinion filed October 31, 1986.


Attorney(s) appearing for the Case

E. Lael Alkire, of Wichita, argued the cause, and Thomas M. Warner, Jr., of Wichita, was with him on the briefs for petitioners.

Stephen M. Joseph, of Robinson & Anderson, P.A., of Wichita, argued the cause, and Mark F. Anderson, of the same firm, was with him on the brief for respondents.


The opinion of the court was delivered by

McFARLAND, J.:

This is an original mandamus action wherein petitioner judges seek to compel respondent members of the State Board of Indigents' Defense Services to pay compensation to seven attorneys appointed by petitioners to represent defendants in 1984.

Before proceeding to the issues, the background facts which led to the commencement of this unpropitious litigation must be

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