BURKE v. LEWIS

No. 20040500.

122 P.3d 533 (2005)

2005 UT 44

Paul C. BURKE, Petitioner, v. Honorable Leslie LEWIS, Respondent. The Doctors' Company, G. Gregory Drezga, M.D., Heidi Judd, personally as the natural parent and guardian of Athan Montgomery for and on behalf of Athan Montgomery, Real Parties In Interest.

Supreme Court of Utah.

July 12, 2005.


Attorney(s) appearing for the Case

Paul C. Burke, Salt Lake City, for petitioner and real-party-in-interest.

G. Gregory Drezga, M.D. Brent M. Johnson, Salt Lake City, for respondent.

Jaryl L. Rencher, Vaun B. Hall, Salt Lake City, for real-party-in-interest The Doctors' Company.

James W. McConkie, Bradley H. Parker, Jonathon T. Tichy, Salt Lake City, for real-party-in-interest Heidi Judd.


DURRANT, Justice:

¶ 1 In addressing this petition for extraordinary relief, we must determine whether a district court may, without express authorization by statute or rule, appropriately appoint counsel for an absent, nonindigent civil litigant. We conclude that, in this case, the district court operated within the bounds of its discretion when it ordered such an appointment. This conclusion is based upon our determination that a court's inherent power to appoint...

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