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STATE EX REL. O'BRIEN v. ELY

No. WD 38251.

718 S.W.2d 177 (1986)

STATE ex rel. Sean D. O'BRIEN, Public Defender for the Sixteenth Judicial Circuit, Relator, v. The Honorable William W. ELY, Judge, Division Two of the Sixteenth Judicial Circuit, Respondent.

Missouri Court of Appeals, Western District.

October 14, 1986.

Attorney(s) appearing for the Case

Sean D. O'Brien, Public Defender, Kansas City, for relator.

Albert A. Riederer, Pros. Atty., Jackson County, Robert Frager, Asst. Pros. Atty., Kansas City, for respondent.

Before CLARK, C.J., and SHANGLER, PRITCHARD, DIXON, TURNAGE, MANFORD and LOWENSTEIN, JJ.

SHANGLER, Judge.

The relator Public Defender for the Sixteenth Judicial Circuit petitioned for our writ to prohibit the respondent circuit judge from appointment of the Public Defender as counsel for the contemnor cited for failure to pay an award of child support in a domestic relations proceeding. The petition of the relator alleges that the pretended appointment of the Public Defender as counsel for a civil contempt contemnor usurps judicial authority not granted...

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