SHOLES v. SHOLES

No. 27S02-0112-CV-655.

760 N.E.2d 156 (2001)

David T. SHOLES, Appellant (Respondent Below), v. Christine K. SHOLES, Appellee (Petitioner Below).

Supreme Court of Indiana.

December 21, 2001.


Attorney(s) appearing for the Case

David T. Sholes, Michigan City, IN, Appellant pro se.

Kenneth J. Falk, Indianapolis, IN, Attorney for Amicus Curiae Indiana Civil Liberties Union.

Thomas M. Frohman, Jamie Andre, Bloomington, IN, Attorneys for Amicus Indiana Legal Services, Inc.

Stephen D. Brown, Michigan City, IN, Attorney for Amicus Curiae Lifers United for Penal Progress, Inc.

David W. Stone, Anderson, IN, Georgianne F. Bolingerk, Marion, IN, Attorneys for Appellee.

Rebecca T. Kasha, Jon Aarstad, Evansville, IN, Attorneys for Amicus Curiae the Evansville Bar Association.

Jeffrey K. Baldwin, Danville, IN, Gregory W. Black, Plainfield, IN, Attorneys for Amicus Curiae Hendricks County Bar Association.


ON PETITION FOR TRANSFER

BOEHM, Justice.

We grant transfer in this civil appeal to determine whether Indiana Code section 34-10-1-2 requires appointment of counsel for civil litigants who are without "sufficient means to prosecute or defend an action." We hold: (1) appointment of counsel under the statute is mandatory; (2) counsel appointed under the statute must be compensated; and (3) Indiana Trial Rule 60.5 gives trial courts the power to order payment...

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