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STATE EX REL. MISSOURI PUBLIC DEFENDER COMM. v. WATERS

No. SC 91150.

370 S.W.3d 592 (2012)

STATE ex rel. MISSOURI PUBLIC DEFENDER COMMISSION, Cathy R. Kelly and Rod Hackathorn, Relators, v. The Honorable John S. WATERS and the Honorable Mark Orr, Respondents.

Supreme Court of Missouri, En Banc.

July 31, 2012.

Attorney(s) appearing for the Case

Stephen F. Hanlon and Laura A. Fernandez , Holland & Knight LLP, Washington, D.C., J. Gregory Mermelstein , Public Defender's Office, Columbia, Stacey H. Wang , Holland & Knight LLP, Los Angeles, and Michael P. Gunn and John R. Gun , The Gunn Law Firm PC, St. Louis, for Relators.

Donovan D. Dobbs , Amy J. Fite and Benjamin J. Miller , Christian County Prosecutor's Office, for Respondents.

LAURA DENVIR STITH, Judge.

The Missouri Public Defender Commission petitions this Court for a writ of prohibition ordering the trial court to withdraw its appointment of the public defender's office to represent Jared Blacksher, alleging that the appointment violated 18 CSR 10-4.010 ("the rule"). That administrative rule, promulgated by the commission pursuant to its rulemaking authority under section 600.017(10),

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