Results 1 to 7 of 7
  1. #1

    Default How to Change Court Appointed Legal Representative for Lack of Performance

    My question involves a child custody case from the State of: Arizona. This involves a 22 month old baby girl, my great-granddaughter. My granddaughter is attempting to regain custody of her from CPS, and child is in foster care. She has a hearing coming up for an appeal issue, and this attorney (court appointed) will not return her calls, talk to her, meet with her, or give any help whatsoever. The only time she sees this attorney is at a hearing, with no contact or help before hand. This includes dozens of messages to her secretary, voice mail messages, email messages - all unanswered. Excuses given by secretary are always that she is busy. The appeal hearing is in just two weeks....I am helping my granddaughter, who is 19 years old, assisting with a limited amount of legal experience from my past. How do we go about getting this issue known by the court, and get the help she needs to proceed? I have never been involved with change of representation of a court-appointed attorney before. This is a complicated case, but at this time, this is what we need advice on. I appreciate any assistance anyone can give us. Thank you.

  2. #2
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: How to Change Court Appointed Legal Representative for Lack of Performance

    Quote Quoting hopej50
    View Post
    My question involves a child custody case from the State of: Arizona. This involves a 22 month old baby girl, my great-granddaughter. My granddaughter is attempting to regain custody of her from CPS, and child is in foster care. She has a hearing coming up for an appeal issue, and this attorney (court appointed) will not return her calls, talk to her, meet with her, or give any help whatsoever. The only time she sees this attorney is at a hearing, with no contact or help before hand. This includes dozens of messages to her secretary, voice mail messages, email messages - all unanswered. Excuses given by secretary are always that she is busy. The appeal hearing is in just two weeks....I am helping my granddaughter, who is 19 years old, assisting with a limited amount of legal experience from my past. How do we go about getting this issue known by the court, and get the help she needs to proceed? I have never been involved with change of representation of a court-appointed attorney before. This is a complicated case, but at this time, this is what we need advice on. I appreciate any assistance anyone can give us. Thank you.
    Careful that you are not engaging in the unauthorized practice of law. An appeal hearing? In the trial court? That makes no sense. Appeals happen at the appellate level not the trial level. Your daughter needs to contact the court that appointed the attorney.

  3. #3

    Default Re: How to Change Court Appointed Legal Representative for Lack of Performance

    Quote Quoting Ohiogal
    View Post
    Careful that you are not engaging in the unauthorized practice of law. An appeal hearing? In the trial court? That makes no sense. Appeals happen at the appellate level not the trial level. Your daughter needs to contact the court that appointed the attorney.
    I can assure you I doing only what the court and justice system allows me to do. I have my own part in this procedure that I am doing on my own, as allowed by the law, since attorneys quoted me upwards of $30,000.00 to be retained.

    This is an appeal hearing to prevent the state from severing her custodial rights. That is the appeal I was referring to. We just have an attorney who refuses to assist in any way at all before an actual hearing is held. Then paperwork is shuffled, and nothing is achieved, leaving my granddaughter basically unrepresented. Everything I file on my own behalf for custody is done Pro Per, and the court has never had an objection to what I have done in the last 15 months. So, no, I am not practicing law illegally. Just representing myself and assisting my granddaughter within the system allowances.

    But, I do thank you for your advice. We are going to approach the judge in this matter, however, we were informed that we must file something to have him consider it. Therefore, my original quote/question.

  4. #4
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: How to Change Court Appointed Legal Representative for Lack of Performance

    Quote Quoting hopej50
    View Post
    I can assure you I doing only what the court and justice system allows me to do. I have my own part in this procedure that I am doing on my own, as allowed by the law, since attorneys quoted me upwards of $30,000.00 to be retained.

    This is an appeal hearing to prevent the state from severing her custodial rights. That is the appeal I was referring to. We just have an attorney who refuses to assist in any way at all before an actual hearing is held. Then paperwork is shuffled, and nothing is achieved, leaving my granddaughter basically unrepresented. Everything I file on my own behalf for custody is done Pro Per, and the court has never had an objection to what I have done in the last 15 months. So, no, I am not practicing law illegally. Just representing myself and assisting my granddaughter within the system allowances.

    But, I do thank you for your advice. We are going to approach the judge in this matter, however, we were informed that we must file something to have him consider it. Therefore, my original quote/question.
    What is she appealing? Is she appealing from a judgment in which the court has terminated her parental rights? Has she asked the court to appoint her an appellate attorney?

  5. #5

    Default Re: How to Change Court Appointed Legal Representative for Lack of Performance

    Quote Quoting Ohiogal
    View Post
    What is she appealing? Is she appealing from a judgment in which the court has terminated her parental rights? Has she asked the court to appoint her an appellate attorney?
    No. She is trying to appeal the decision to begin termination of her custodial rights to the baby. The hearing for this appeal is set for the 23rd of this month (2 wks away); no one mentioned a appellate attorney; the one she has now WILL NOT respond to her requests for help. The reason this decision was made at a hearing on the 18th of April, was because my granddaughter missed that hearing due to having the wrong date given to her by the attorney. She made many attempts to contact the attorney before the hearing date to see if they could meet. She had been calling and emailing the attorney, way back then, and still is to this date with no response. Her telephone number has changed several times, and the one we have now is answered by a part - time employee who is very apologetic, but seems as frustrated as we are. The only time we have every seen or heard from her is at the hearings. She has never offered any assistance. Also, since there have been 5 different case workers on this file since last June (2015), there are many missing records proving my granddaughter's attendance and completion of all courses and parenting classes required by CPS. We needed the attorney to subpoena these records, as the private contracting company in charge of providing parent aides for her visits with the baby, and these classes told my granddaughter only CPS or her attorney could get them by that means only. That is the main reason we are trying to get her to help us. We cannot find out how long this process takes, or what will occur at the appeal hearing. We have no one to go to. I was told today, that since it's Juvenile court, we can only speak to the judge to request different counsel when we are at the next hearing. However, will it be too late then? If the attorney has not obtained the proof to verify the completion of these classes, how can the appeal be granted? I hope you can see what we are trying to find out here. It's really complicated - I'm sorry. But, again, thank you for your attention.

  6. #6
    Join Date
    Jul 2006
    Posts
    1,421

    Default Re: How to Change Court Appointed Legal Representative for Lack of Performance

    I think you are using the wrong terminology. An appeal takes place in a different court not the trial court. So that is accounting for confusion. Have her call the court and ask for new counsel to be appointed.

  7. #7

    Default Re: How to Change Court Appointed Legal Representative for Lack of Performance

    Okay. Will have her do that. Thank you so much. Your time is appreciated.

    1. Sponsored Links
       

Similar Threads

  1. Arrest Warrants: Missing Court Due to Lack of Notification of Date Change
    By bbcakes2007b in forum Criminal Procedure
    Replies: 2
    Last Post: 08-17-2013, 09:47 PM
  2. Court-Appointed Lawyers: Court Appointed Lawyer Didn't Show Up for Court Date
    By Stranded in forum Criminal Defense Lawyers
    Replies: 1
    Last Post: 08-04-2011, 12:00 PM
  3. Changing an Adult's Name: Adult Name Change in Court - What to Put As My Current Legal Name
    By Arbor in forum Name Change
    Replies: 2
    Last Post: 03-02-2011, 07:22 AM
  4. Guardianship: Becoming My Spouse's Legal Personal Representative
    By mabuta in forum Disability and Elder Law
    Replies: 1
    Last Post: 12-02-2009, 06:01 AM
  5. Court-Appointed Lawyers: Lack Of Communication From Court-Appointed Attorney In Texas
    By Hey6061 in forum Criminal Defense Lawyers
    Replies: 2
    Last Post: 01-03-2008, 08:45 PM
 
 
Sponsored Links

Legal Help, Information and Resources