Debi Presher, the Executive Director of IACDL, received the following e-mail regarding changes to the Idaho Appellate Rules in Parental Termination cases. I added the emphasis in the text:Dear Ms. Presher,
On July 1, 2009, the Idaho Supreme Court amended the appellate rules and added two new rules addressing appeals in cases involving the termination of parental rights or an adoption. I.A.R. 11.1 provides that an appeal in these cases must go to the Supreme Court rather than the district court. The rule further provides that all time frames for these appeals, including the notice of appeal, shall proceed in an expedited manner pursuant to another new rule, I.A.R. 12.2. The result is that the notice of appeal in these cases must be filed within 14 days of the magistrate decision. A notice of cross-appeal must be filed within seven days from the notice of appeal. There have already been several appeals that have been dismissed as untimely for failure to follow this jurisdictional time limit.
I am planning to send out a reminder email to public defenders, who handle the majority of termination cases, but know that I may not reach all of them. I am hoping that as Executive Director of the Idaho Association of Criminal Defense Lawyers you might be able to send this message out to your membership as a reminder as well.
Your help is much appreciated.
Cathy Derden
Staff Attorney
Idaho Supreme Court
No comments:
Post a Comment