Schmidt v. Thompson

SAND, Justice.

Gerald Delbert Schmidt (petitioner), pursuant to North Dakota Century Code § 32-22-01, et seq., petitioned this Court for a writ of habeas corpus. Schmidt was incarcerated by an order of commitment issued by Judge William F. Hodny dated 28 February 1984 for failure to make child support payments of $500.00 per month for three children as ordered in an earlier divorce decree by Judge Hodny and affirmed by this Court in 325 N.W.2d 230 (N.D. 1982).

Before Judge Hodny issued the preliminary order resulting in the order of commitment, he designated David M. Fisher to conduct an order…