Legal Opinion · Dissent
In Re Perry
Michigan Court of Appeals
Decided February 3, 1986No. Docket 78528, 78531Published
1DissentM. E. Dodge, J.
The majority opinion holds that the right to appointed counsel in parental rights proceedings in probate court does not arise until the final dispositional hearing. I respectfully dissent because I believe that adjudicative and statutory review hearings are hearings which may involve the termination of parental rights for which counsel must be appointed under JCR 1969, 6, and the due process clause, Const 1963, art 1, § 17.
JCR 1969, 8.2(C) requires the probate court to advise the parents of their right to counsel "as provided by rulo 6” at the outset of the adjudicative hearing. JCR 1969,…
2Cases cited8 opinions
- State v. JamisonOregon Supreme Court · 1968
- Danforth v. State Department of Health and WelfareSupreme Judicial Court of Maine · 1973
- In the Matter of LaFlureMichigan Court of Appeals · 1973
- Reist v. Bay Circuit JudgeMichigan Supreme Court · 1976
- In Re JacksonMichigan Court of Appeals · 1982
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