Opinion
No. O-185.
Filed April 3, 1951.
1. MANDAMUS — Jurisdiction, Proceedings and Relief — Petition — Form, Requisites and Sufficiency — Failure To Set Forth Pleadings, Orders and Entries — Petition Insufficient. — In an original action to mandate a judge to disqualify himself in an action pending in his court, the petition, which failed to set forth, or to have attached thereto as exhibits, certified copies of all the pleadings, orders and entries pertaining to the subject matter in that action, was insufficient. Rules of the Supreme Court, 2-35. p. 253.
2. CRIMINAL LAW — Counsel for Accused — Public Defender — Failure of Prisoner To Use Public Defender — Effect. — The State of Indiana has provided a Public Defender, who is learned in the law, for the benefit of persons confined in penal institutions, and if such persons fail to make use of his services, and represent themselves, they cannot expect the court to waive its rules. p. 254.
Original action by the State of Indiana on the relation of Kenneth White against A. Dale Eby, as Judge of the Gibson Circuit Court, to mandate respondent to disqualify himself in an action pending in his court.
Petition denied.
Kenneth White, pro se. A. Dale Eby, pro se.
Relator's petition, which seeks to mandate the Judge of the Gibson Circuit Court to disqualify himself, under Rule No. 1-12 of this court, is insufficient for failure to comply with 1. the provisions of Rule No. 2-35 of the court. See State ex rel. Williams v. Superior Court of St. Joseph County (1950), 228 Ind. 157, 94 N.E.2d 591; State ex rel. Talkington v. Hoffman, Judge (1947), 225 Ind. 475, 76 N.E.2d 252; State ex rel. Crawford v. Owen (1948), 225 Ind. 601, 77 N.E.2d 123; State ex rel. Lee v. Wilson (1948), 225 Ind. 640, 77 N.E.2d 354.
The State of Indiana has provided a Public Defender, who is learned in the law, for the benefit of persons confined in penal institutions. If such persons fail to make use of the 2. services of the Public Defender, and represent themselves, they cannot expect the court to waive its rules.
The issuance of an alternative writ of mandate is denied.
NOTE. — Reported in 97 N.E.2d 628.