In Re the Guardianship of G.S.

644 A.2d 1088, 137 N.J. 168, 1994 N.J. LEXIS 1362
CourtSupreme Court of New Jersey
DecidedMay 24, 1994
StatusPublished
Cited by17 cases

This text of 644 A.2d 1088 (In Re the Guardianship of G.S.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Guardianship of G.S., 644 A.2d 1088, 137 N.J. 168, 1994 N.J. LEXIS 1362 (N.J. 1994).

Opinion

The opinion of the court was delivered by

O’HERN, J.

This appeal concerns the procedure for providing trial transcripts to indigent parents who appeal the termination of their parental rights and the designation of the appropriate entity to pay for those transcripts. The issues are related to those in New Jersey Division of Youth & Family Services v. E.B., 137 N.J. 180, 644 A.2d 1093, also decided today, which concern the obligation of the Office of the Public Defender (OPD) to provide ancillary services in certain child-abuse and neglect proceedings that it is statutorily mandated to defend. See N.J.S.A 9:6-8.21 to -8.73 (Title 9); N.J.S.A. 30:4C-12.

To reduce delay in appeals involving termination of parental rights, the Appellate Division identifies and accelerates the processing of those appeals. We have employed various procedures by which parties without financial means can obtain the essential transcripts required for review by the Appellate Division and *171 without undue delay. Our concern in this appeal, as in many others, is which entity should pay for those transcripts. We hold that in cases in which OPD is not statutorily mandated to defend the case, the Division of Youth and Family Services (DYFS), the agency designated to initiate and prosecute actions to terminate parental rights on the grounds of the best interests of the child, must bear the cost of the requisite transcripts. See N.J.S.A 30:4C-15.

I

The parties in these cases filed their appeals in the Appellate Division, at which time a 1989 directive for furnishing trial transcripts to indigents was in effect. Before we describe that 1989 procedure, we must review the guidelines initially outlined for trial courts in In re Guardianship of Dotson, 72 N.J. 112, 367 A.2d 1160 (1976).

A.

In Dotson, supra, the Court held that indigent parents appealing the termination of their parental rights have the right to obtain trial transcripts at public expense when they are necessary to their appeal. Id. at 118-19, 367 A.2d 1160. In Justice Pashman’s concurrence, he stated that indigent parents’ right to transcripts is grounded in principles of constitutional due process and equal protection. Id. at 120-21, 367 A.2d 1160. The Court’s acknowledgement that the proceeding is “quasi-criminal” led him to the conclusion that parents cannot be prejudiced in their appeals by virtue of their poverty any more than can indigent criminal defendants. Id. at 123, 367 A.2d 1160. In New Jersey, indigent criminal defendants are entitled to free transcripts prepared at public expense pursuant to the Court Rules and statute. Id. at 124, 367 A.2d 1160; see R. 2:5-3; N.J.S.A. 2A:152-17.

However, in Dotson, supra, the Court found that the right to a complete trial transcript was not automatic. Instead, the Court established a procedure under which a trial court was required to *172 determine whether the grounds stated for appeal were frivolous, and if not, whether it could decide the issues using an abbreviated transcript, Rule 2:5-8(c), a statement of proceedings in lieu of transcript, Rule 2:5 — 3(f), or a judicial reconstruction. Id. at 118, 367 A.2d 1160. Additionally, a trial court was required to determine'whether alternative means of financing the production of a complete transcript, such as federal funds, were available before going through the process of determining whether a transcript that was less than complete would suffice. Id. at 119, 367 A.2d 1160.

The Court held that in cases involving “a most sensitive area of basic human relations,” such as termination of parental rights, when complete trial transcripts are necessary to indigent parents’ appeals, if no alternative sources provided transcripts, DYFS “will have to bear the cost thereof.” Id. at 118-19, 367 A.2d 1160. In Dotson, supra, the Court ordered that DYFS pay for the transcript. The county in which that action took place was not a party to the action.

B.

Following Dotson, increasing concern about delays in Family Part appeals required the establishment of new procedures to insure justice and fairness to indigent parties under which they could swiftly obtain transcripts to process their appeals. The Chief Justice’s Administrative Directive # 9-89 of September 20, 1989, set forth a procedure that required the Administrative Office of thé Courts (AOC) to advance the cost of payment of transcripts of parental-rights-termination proceedings on the filing of such appeals. That procedure was designed to avoid delays caused by disputes over who would pay for the transcripts. The idea was to get the transcripts to the indigent parties first and then decide who would pay. Pursuant to the directive, the Appellate Division or the trial court would determine the appropriate source for reimbursement of the transcript costs after an appeal had been decided.

*173 Subsequently, on October 22, 1992, Directive # 5-92 rescinded Directive # 9-89. Directive # 5-92 provides that “[i]ndigent appellants will be required to move for free transcripts in termination of parental rights or child abuse appeals. Ordinarily, these motions should be made and decided in the trial court under the guidelines set forth in In re Guardianship of Dotson, 72 N.J. 112 [367 A.2d 1160] (1976).” Directive # 5-92 further provides the theory for a change in procedure to be to resolve better and more expeditiously the dispute: “It is anticipated that this goal can better be achieved with the trial judge addressing the transcript issue at the inception of the appeal.”

II

We focus now on the cases before us. The Appellate Division in each instance properly followed the procedure detañed in Directive # 9-89, which was in effect at the time the notices of appeal were filed, and we affirm its judgments.

In the first three cases, In re Guardianship of G.S., In re Guardianship of S.A.M.M.J., and In re Guardianship of C.R.S. & K.K.B.S.,

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Bluebook (online)
644 A.2d 1088, 137 N.J. 168, 1994 N.J. LEXIS 1362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-guardianship-of-gs-nj-1994.