In Re the Civil Contempt Proceedings Concerning Richard

I dissent.

Criticism of the trial court for failing to hire a lawyer and defend himself is not justified. A writ of certiorari commands the party to whom it is directed to furnish a transcript of the record and proceedings so they may be reviewed by the court. SDCL 21-31-4. When a full return has been made, the court must hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment either affirming or annulling or modifying the proceedings below. SDCL 21-31-7.

In this case, no written order was entered appointing Mr. Ellison, nor was there any written order…