State ex rel. Sterling v. Long

Supreme Court of Missouri

State ex rel. Sterling v. Long

719 S.W.2d 455, 1986 Mo. LEXIS 342

CourtSupreme Court of Missouri

DecidedNovember 18, 1986

DocketNo. 68031

StatusPublished

Cited by2 cases

This text of 719 S.W.2d 455 (State ex rel. Sterling v. Long) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Sterling v. Long, 719 S.W.2d 455, 1986 Mo. LEXIS 342 (Mo. 1986).

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Opinions

BILLINGS, Judge.

The only issue for resolution in this prohibition proceeding is whether the trial court can compel, under penalty of contempt, a public defender to represent an alleged indigent father in a civil contempt proceeding for failure to pay child support.

For the reasons expressed by this Court in State ex rel. Marshall v. Blaeuer, 709 S.W.2d 111 (Mo. banc 1986), the respondent judge had no authority to compel the State to expend public funds, by the appointment of a public defender, to defend the parent in the civil contempt proceeding. See also State ex rel. Shaw v. Provaznik, 708 S.W.2d 337 (Mo.App.1986).

Writ made absolute.

HIGGINS, C.J., and DONNELLY, WEL-LIVER, ROBERTSON and RENDLEN, JJ., concur. BLACKMAR, J., dissents in separate opinion filed.

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