Opinion
NO. 2016 CW 0318
05-31-2016
STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF SOCIAL SERVICES, OFFICE OF FAMILY SUPPORT, SUPPORT ENFORCEMENT SERVICES IN THE INTEREST OF K.H. AND K.M., JR., MINOR CHILDREN OF RENESHIA HEBERT v. KABREL MOORE
In Re: East Baton Rouge Office of the Public Defender, applying for supervisory writs, Family Court, Parish of East Baton Rouge, No. 178986. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ.
WRIT GRANTED. A review of the January 7, 2016 transcript of the contempt proceedings reveals that Relator, East Baton Rouge Public Defender's Office, was improperly denied relief as counsel of record for Defendant, Kabral Moore. A contempt proceeding where a petition is filed pursuant to La. R.S. 46:236.1 et seq. is civil in nature; therefore, the defendant is not entitled to a court-appointed attorney. See State v. King, 97-1249 (La. App. 3d Cir. 3/6/98), 707 So.2d 1374. Accordingly, we hereby grant the writ application and reverse the oral ruling of the trial court on January 7, 2016, which denied the motion for withdrawal of counsel of record of the East Baton Rouge Public Defender's Office. We hereby render judgment relieving the public defender of his duty in these proceedings.
JMM
PMc
MRT
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT