In re M.T., G.T., B.T. and N.T., Juveniles

A mother and father appealed a trial court's order denying their motions to reopen a termination decision. Mother alleged that she had been in a car accident the day before she relinquished, had a concussion, and was not in the “right state of mind.” Father also cited the car accident as the reason for asking to reopen the termination decision and stated that he had not been represented by his attorney correctly. At the hearing, parents appeared, but were seated without their court-assigned attorneys, who were present in the courtroom. Mother indicated that she wanted a continuance to find a new lawyer. Father explained that parents had fired their lawyers for lying to them and asked for a continuance to find new counsel. When asked by the court whether they were intending to hire private counsel, father indicated that he was hoping to have assigned counsel. Counsel indicated that given parents’ allegations they would seek to withdraw. The court granted the motions to withdraw. After fifteen days, parents did not find private counsel. They failed to appear at the next scheduled hearing, and the trial court dismissed their motion. Parents thereafter filed a pro se motion for reconsideration, which was denied. On appeal, the parents argued the trial court erred by denying them assigned counsel to represent them on their motions to reopen. The Vermont Supreme Court concluded the trial court erred in declining to appoint counsel to represent parents in connection with their Rule 60(b) motion, and that parents suffered prejudice as a result. View "In re M.T., G.T., B.T. and N.T., Juveniles" on Justia Law