Opinion
DA 23-0491
09-19-2023
CITY OF HELENA, Plaintiff and Appellee, v. FRANK HALLBERG, Defendant and Appellant.
ORDER
Frank Hallberg moves this Court for appointment of counsel in his appeal. As grounds for his request of appellate counsel, he states that he has limited financial means and that he has "limited training in legal filing."
Hallberg appeals a final judgment from the First Judicial District Court, Lewis and Clark County, after Hallberg sought relief from the Municipal Court's decision. We secured copies of the register of actions and pertinent documents from the District Court.
Hallberg represented himself in the District Court. On May 26, 2023, the District Court denied Hallberg's motion to appoint counsel and delay briefing because "[t]he Municipal Court did not impose jail time. Defendant is not eligible for a public defender on appeal." We conclude that Hallberg is not entitled to appointment of counsel in this appeal. Section 46-8-103(1), MCA. Therefore, IT IS ORDERED that Hallberg's Motion for Assignment of Appellate Defender (Counsel), deemed a Motion for Appointment of Counsel, is DENIED.
The Clerk is directed to provide a copy of this Order to counsel of record and to Frank Hallberg personally.