BEST PRACTICES: APPELLATE ADVOCACY

Child welfare cases don’t always conclude at the trial level - and the same is true for quality legal representation. Any data collected during a quality legal representation project or study must include an assessment of attorney practices at the appellate level. Such data should help the CIP answer - does the attorney:

• preserve potential appellate issues at trial that advance the youth’s interests/position?
• participate fully in the appellate process?
• file appeals where the youth is aggrieved by the trial court’s ruling?
• respond to appeals where the youth’s position prevails in the trial court?
• take an independent position during the appeal, even if aligned with another party?
• raise issues on appeal relevant to the youth’s interests/positions?
• file their own appellate brief - or actively join/contribute to another party’s brief?
• file substantive and dispositive appellate motions, where doing so advances the youth’s interests?
• meet all appellate deadlines?
• actively participate in oral argument preparation/execution?
• incorporate into their strategy the potential delays to permanency the appeal may cause?
• keep at the forefront of the appeal the youth’s position and interests?