Mahler v. Birnbaum

Invoking our original jurisdiction under art. 5, § 9 of the Idaho Constitution, 1 plaintiff has applied for a writ of mandate compelling appointment of counsel to represent her in a prosecution for a petty misdemeanor. Plaintiff is charged with public drunkenness, a violation of the Caldwell municipal code, 2 which carries a penalty of incarceration for no more than thirty days or a fine not exceeding three hundred dollars, or both. The Idaho Code provides for appointed counsel only in prosecutions for felonies or other “serious crimes” punishable by confinement for more than six months or a…