State Ex Rel. Scott v. Roper

The Court acts unnecessarily and unwisely in making our provisional rule in prohibition absolute. This holding is justifiable only if it can be said that Judge Roper was utterly without authority to appoint attorney Scott as counsel for an indigent plain*770tiff in a civil case. I believe that our circuit courts do not lack the authority to call upon members of the bar to assist them, and that this authority does not exclude the appointment of counsel in civil cases. This case, furthermore, is presented to us on a fragmentary factual showing such as would justify our quashing the preliminary rule…