Morger v. Superior Court
Morger v. Superior Court
Opinion of the Court
OPINION
Petitioners have brought this special action to challenge the respondent court’s finding of non-indigency which bars them from receiving court-appointed counsel to handle their appeal in the severance case of Pima County Cause No. S-828. Since this order is non-appealable, and since we believe the court acted in excess of its jurisdiction and in an arbitrary manner, we assume jurisdiction and grant relief.
Petitioners are the natural parents of a child whose relationship with them was severed in the lower court case. Subsequent to the hearing on the merits below, the respondent court, on its own motion, ordered a hearing on the matter of indigency of the parents. They did not receive notice prior to the hearing and were not present at the hearing which was set July 2, 1981. The juvenile court gave leave to their attorney, who had been appointed to handle the lower court litigation,
Factors ordinarily to be considered in determining indigency are ready availability of (1) real or personal property owned; (2) employment benefits; (3) pensions, annuities, social security and unemployment compensation; (4) inheritances; (5) number of dependents; (6) outstanding debts; (7) seriousness of the charge; and (8) any other valuable resources not previously mentioned. Bolds v. Bennett, 159 N.W.2d 425 (Iowa 1968). “Ready availability” means real or personal property of such nature and net value that would be accepted as a fee by a qualified attorney of petitioner’s choice who is willing to serve. State v. Bennett, supra.
Affidavits concerning the financial circumstances of the petitioners show that their sole income is the wife’s social
It is clear that Mr. Morger is indigent and an attorney should be appointed to represent him. However, we cannot say the respondent judge abused her discretion in refusing to declare Mrs. Morger an indigent. The land she owns is worth approximately $18,000. There is no evidence that she could not find a qualified attorney who would be willing to make some financial arrangement with her based upon her ownership of unencumbered land.
The respondent court is ordered to appoint appellate counsel for petitioner Jerry L. Morger and the relief requested by petitioner Frances Morger is denied.
. Pursuant to an order of June 24, 1981, the appointment of counsel in the lower court proceedings was made subject to a later hearing to determine indigency.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.