AG 2007 01 22 - Laserfiche WebLink

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Action: The agency attorney should monitor the agency's efforts to implement the order and answer any questions the caseworker may have about the agency's obligations under the order. Commentary: Obligations 22 and 23 illustrate the importance of the agency attorney's role outside the courtroom. The attorney should help the agency understand and follow through with the court's orders to protect the agency, but more importantly to ensure the agency provides the best possible services for children and families as ordered by the court. 24. Consider and discuss with the agency the possibility of appeal Action: The agency attorney should consider and discuss with the agency caseworker and supervisor the possibility of appeal when a court's ruling is contrary to the agency's position or interests. The decision to appeal should be a joint one between the attorney and agency staff and must have an appropriate legal basis. Commentary: When discussing the possibility of an appeal, the attorney should explain both the positive and negative effects of an appeal, including the impact the appeal could have on the child's best interests. For instance, if a judge made a poor decision that could negatively impact the child's future and his or her chance at permanency, an appeal should be taken. Conversely, an appeal might unnecessarily delay a case or make "bad law" for future cases in which the agency participates. The agency attorney should not decide against an appeal because of concern about the trial judge's reaction. See section E-2, 10 for a discussion of appellate strategy. 25. If a decision is made to appeal, timely file the necessary post-hearing motions and the notice to appeal paperwork Action: The agency attorney should carefully review his or her obligations in the state's Rules of Appellate Procedure. The attorney should timely file all paperwork, including requests for stays of the trial court order, transcript and case file. The appellate brief should be clear, concise and comprehensive and also timely filed. If arguments are scheduled, the attorney should be prepared, organized and direct. In jurisdictions in which a different attorney than the trial attorney handles the appeal, the agency attorney should identify issues that are appropriate for appeal and work with the new attorney on the appeal. As the attorney who handled the trial, the agency attorney may have insight beyond what the new attorney could get by reading the trial transcript. Commentary: Appellate skills differ from the skills most agency attorneys use day-to-day. The agency attorney may wish to seek guidance from an experienced appellate advocate when drafting the brief and preparing for argument. An appeal 15 x . ,. 1 ~ ~~: