Gavel on top of book

Juvenile Appeals Policies

 

 

All parties appearing before Division One of the Court of Appeals are expected to be familiar with the Arizona Rules of Procedure for the Juvenile Court (Juvenile Rules). In some instances, the Arizona Rules of Civil Appellate Procedure also apply, see Juvenile Rule 602(i). Parties must be familiar with these rules because deadlines in juvenile appeals are often much shorter than those in civil appeals.

 

Division One of the Court of Appeals has several policies that are specific to juvenile appeals, which parties to an appeal are expected to follow.  

 

Extensions of Time

 

A party seeking an initial extension of 20 days to file a brief in a juvenile appeal must file a motion stating the reasons the extension is needed. See Juvenile Rule 607(c). Conclusory statements asserting “scheduling conflicts” or “other work” will not constitute good cause for an extension of time.  The motion must also state whether any party objects, or that the moving party attempted to communicate with the other parties and has been unsuccessful. In determining whether to grant an extension, the court will consider, among other factors:

  • when counsel was appointed in the matter,
  • whether counsel’s inability to timely complete the brief is the result of circumstances that could not have been anticipated,
  • the complexity of the appeal, the length of the trial resulting in the verdict on appeal,
  • counsel’s diligence,
  • the size and workload of counsel’s law firm or agency,
  • the number of other appeals on counsel’s docket,
  • the briefing schedules of other appeals on counsel’s docket, and
  • counsel’s diligence in those other appeals.

 

The court may grant further extensions only for extraordinary circumstances. Juvenile Rule 607(c)(3).

If a party has not obtained an order extending time prior to the deadline to file, the brief must be timely filed.  To ensure enough time for processing, the court encourages parties to file a motion for extension of time to file a brief at least 5 business days prior to the deadline.

If counsel does not timely file a brief, the court will order counsel to appear and show cause why the court should not impose sanctions, order submitting the appeal for a decision on the record, or order dismissing the appeal for lack of prosecution. Juvenile Rule 608.

If a party files a brief after the deadline, it must be accompanied by a motion to accept the brief that demonstrates good cause for the late filing. If the court finds that a request to accept an untimely brief is not supported by good cause, it will order counsel to appear and show cause why the court should not impose sanctions. 

Notices of Appeal and Juvenile Rule 603(c)

 

Notices of appeal filed by counsel on behalf of parties in juvenile cases must contain certain mandatory language required by Juvenile Rule 603(c): “By signing and filing this notice of appeal, undersigned counsel avows that counsel communicated with the client after entry of the order being appealed, discussed the merits of the appeal, and obtained authorization from the client to file this notice of appeal or cross-appeal.”  When counsel in a juvenile matter files a notice of appeal that does not contain this required statement, Juvenile Rules 603(c)(1) and 603(c)(2) dictate which steps are to be undertaken by counsel to correct the notice of appeal.

Notice and Avowal in Lieu of Opening Brief; Pro Se Brief Under Rule 607(e)

If a party has failed to maintain contact with his or her court-appointed counsel or counsel has reviewed the entire record on appeal and has found no non-frivolous issue to raise, counsel may file a Notice of Avowal in Lieu of an Opening Brief. See Juvenile Rule 607(e)(1)(A), (B). 

In either case, counsel’s notice must inform the court whether the appellant requests additional time to file a pro se opening brief. See Juvenile Rule 607(e)(1)(B), (e)(2). The court will grant the appellant a 15-day extension to file a pro se opening brief.  Juvenile Rule 607(e)(3). The court will grant no further extensions unless the appellant demonstrates extraordinary circumstances. If appellant does not timely file an opening brief, the court will dismiss this appeal based on counsel’s notice under Juvenile Rule 607(e)(4). 

If counsel’s notice indicates that the appellant intends to file a pro se opening brief, the court will order that counsel remain appointed, but only as appellant’s advisory counsel.  Advisory counsel is an attorney who is retained merely to give advice or answer questions regarding specific issues, rather than taking the lead and actively participating in a case.

Juvenile Rule 607(e)(2) requires that counsel provide appellant’s contact information to the court. Contact information must include the appellant’s mailing address, telephone number, and email.  A current mailing address for appellant is essential because this court cannot send documents to appellant via email unless appellant submits a Consent for Electronic Distribution form: Consent for Electronic Distribution

If an appellant is self-represented, he or she must provide the court with a current mailing address, timely notify the court of any change in contact information, and remain informed of the status and deadlines in his or her appeal. See Juvenile Rule 304(h)(1), (3).