Legal Question in Appeals and Writs in California

Appellate Court Counsel Appointment?

My ex-husband's parental rights were terminated by the LA Children's Court in November of 2002. On December 31, 2002 we received notification of his appeal, giving him 30 days to file his opening brief. On January 8, 2003 we received notification that he filed a substitution of atty, he was now representing himself. His trial brief due date was moved to March 10, 2003. We have now received notice that he was 'appointed counsel' at the appellate level and his brief is now due on April 10, 2003.

Under what circumstances does the Appellate Court 'appoint' counsel for a case like this?

Thank you.


Asked on 3/19/03, 2:47 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Appellate Court Counsel Appointment?

Appointed counsel are available on appeal in criminal cases and those involving parental rights or related family law issues. As long as a party can demonstrate indigence, her or she is entitled to a court-appointed attorney in these cases.

If you are indigent, you can seek to have counsel appointed for you as well. Depending upo the facts of the case, the court is also likely to appoint separate counsel for your children (whose interests may not coincide with yours and who therefore cannot be represented by your lawyer).

A second extension of time is not unusual under these circumstances. The appellate courts don't like to see family law matters drag out, but where there has been a change of counsel they will generally try to protect the rights of the parent facing the deadline rather than pull the rug out from under the new lawyer and leave the parent in default.

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Answered on 3/19/03, 2:59 pm


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