Legal Opinion

R.H. v. D.N.

Court of Civil Appeals of Alabama

Decided May 9, 2008No. 2061155Published

1DissentThompson, Presiding Judge

Section 12 — 15—63(b), Ala.Code 1975, provides that “counsel shall be appointed where the parties” in a dependency case “are unable for financial reasons to retain them own.” See also Smoke v. State Dep’t of Pensions & Sec., 378 So.2d 1149 (Ala. Civ.App.1979). Based on the plain language of § 12 — 15—63(b), I believe that the trial court erred in denying the mother’s requests that counsel be appointed after the case was transferred in February 2006 and subsequently while the case was pending; I also believe that the trial court erred in allowing the case to proceed although the mother was not…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  2. Crews v. HOUSTON CTY. DEPT. OF PENSIONS & SEC.Court of Civil Appeals of Alabama · 1978
  3. Matter of WardCourt of Civil Appeals of Alabama · 1977
  4. Morgan v. Lauderdale County Department of Pensions & SecurityCourt of Civil Appeals of Alabama · 1986
  5. Smoke v. STATE, DEPT. OF PENSIONS AND SECURITYCourt of Civil Appeals of Alabama · 1979

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