State Ex Rel. B.A.P.

2006 UT 68, 148 P.3d 934, 564 Utah Adv. Rep. 26, 2006 Utah LEXIS 203, 2006 WL 3197183
CourtUtah Supreme Court
DecidedNovember 7, 2006
DocketNos. 20050892, 20051035
StatusPublished
Cited by9 cases

This text of 2006 UT 68 (State Ex Rel. B.A.P.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. B.A.P., 2006 UT 68, 148 P.3d 934, 564 Utah Adv. Rep. 26, 2006 Utah LEXIS 203, 2006 WL 3197183 (Utah 2006).

Opinion

WILKINS, Associate Chief Justice:

¶ 1 On appeal to the Utah Court of Appeals, Petitioners in these two cases challenged the termination of their parental rights. Acting pursuant to recently, adopted rules of appellate procedure, the court of appeals affirmed the termination orders in both cases based exclusively on a review of the records and the petitions on appeal. On certiorari, Petitioners now argue that the expedited procedures outlined in the appellate rules, and applied by the court of appeals, denied them their constitutional right to a meaningful appeal by precluding full presentation of legal argument to the appellate court. Because these two cases present identical legal issues, we address them both together in this single opinion. We now reject Petitioners’ constitutional challenges to the new appellate rules and affirm the decisions of the court of appeals.

BACKGROUND

¶2 Both of these cases involve appeals from the termination of the parental rights of the Petitioners. In the first case, C.P. and A.P., the natural parents of two minor children, had their parental rights terminated by court order on March 25, 2005. The parents have a history of domestic violence, extramarital relationships, and unstable employment and housing. In addition, the mother has a history of drug abuse and attempted suicide, and the father has been incarcerated several times. The juvenile court found that the behavior of both parents endangered the emotional and physical welfare of their children and that the parents’ rights should be terminated based on unfitness, incompetence, neglect, failure to remedy the circumstances for the children’s removal, and failure of parental adjustment.

¶ 3 In the second case, J.L., the natural father of two minor children, was convicted of aggravated assault and attempted murder for domestic violence against the children’s mother. He was subsequently sentenced to one 0-to-5-year term and one l-to-15-year term, to be served consecutively. In view of his violence and incarceration, the State filed a petition to terminate his parental rights. On July 7, 2005, the juvenile court entered a termination order based on his extended incarceration, history of violent behavior, and general unfitness and neglect.

¶ 4 The parents in each case timely appealed the termination order to the Utah Court of Appeals, challenging, among other things, the sufficiency of the evidence. Pursuant to rule 55 of the Utah Rules of Appellate Procedure, the parents then filed a Petition on Appeal, which, similar to a docketing statement, sets forth the facts, issues, and legal authorities relevant to the appeal. In each case, the court of appeals, acting pursuant to rule 58, affirmed the juvenile court’s termination order after reviewing the record and the petition on appeal, but without ordering full briefing.

¶ 5 The parents now argue that the rules of appellate procedure, which prescribe an expedited procedure in child welfare appeals, denied them their constitutional right to a meaningful appeal by precluding adequate presentation of legal arguments to the appellate court. We granted certiorari in these cases to determine (1) whether the appellate rules governing appeals in child welfare proceedings are facially unconstitutional, in that they deny appellants the right to a meaningful appeal by precluding full presentation of legal argument and analysis; and (2) whether the court of appeals applied these rules in a manner that deprived Petitioners of their right to a meaningful appeal.

ANALYSIS

¶ 6 On certiorari, we review the decision of the court of appeals, not that of the trial court. Brown v. Glover, 2000 UT 89, ¶ 15, 16 P.3d 540. Constitutional challenges to the validity of rules of appellate procedure are questions of law reviewed for correctness. Id.

¶ 7 The Utah Constitution guarantees a right to appeal. Utah Const, art. VIII, § 5. Although the federal constitution includes no such right, the United States Supreme Court has stated that when a state provides such a right, due process demands that it be provided fairly and equally. See Smith v. Robbins, [937]*937528 U.S. 259, 270 & n. 5, 120 S.Ct. 746, 145 L.Ed.2d 756 (2000). In addition, we have held that to satisfy this right, an appeal must be meaningful. See, e.g., State v. Rees, 2005 UT 69, ¶¶ 17-18, 125 P.3d 874. Petitioners in these cases argue that the recently adopted rules of appellate procedure, which prescribe expedited procedures in child welfare appeals, effectively denied them their constitutional right to a meaningful appeal. We begin by briefly explaining the salient features of the new rules, which should clarify the issues in these cases.

¶ 8 In 2004, this court adopted rules 52 to 59 of the Utah Rules of Appellate Procedure in an effort to expedite child welfare proceedings. Under the new rules, appellants — in this case, parents seeking to overturn the termination of their parental rights — must file a notice of appeal within fifteen days of the termination order, Utah R.App. P. 52(a), and have fifteen days from that time to file the petition on appeal, id. R. 55(a). Extensions are limited to ten days. Id. R. 59. Appellants must also order transcripts within four days after filing the notice of appeal. Id. R. 54(a). Because of these abbreviated time frames, transcripts of the trial proceedings typically are not available to counsel by the time the petition on appeal is due.

¶ 9 Under the new rules, an appellant files a petition on appeal, which is substantially equivalent to a docketing statement. The petition on appeal must be prepared by trial counsel, id. R. 55(b), and is limited to fifteen pages, id. R. 55(c). According to rule 55, the petition on appeal must include, among other things, (1) a “statement of the nature of the case and the relief sought”; (2) a “concise statement of the material adjudicated facts”; (3) a “statement of the legal issues presented for appeal,” which must set forth “specific legal questions,” not “[gjeneral, eon-clusory statements”; and (4) “supporting statutes, case law, and other legal authority for each issue raised.” Id. R. 55(d). Any response to the petition on appeal from an appellee is voluntary but must be filed within fifteen days and is also limited to fifteen pages. Id. R. 56.

¶ 10 Finally, under rule 58, the court of appeals, “after reviewing the petition on appeal, any response, and the record, ... may issue a decision or may set the case for full briefing.” Id. R. 58. In both of the cases before us, the court of appeals chose to render a decision based solely on the petition on appeal and the record without ordering full briefing.

¶ 11 Petitioners preface their challenge to the validity of these rules by arguing that the right to a meaningful appeal necessarily includes the opportunity to present legal arguments to the appellate court. Petitioners then argue that the new rules effectively deny them that opportunity. They claim that several features of the rules, taken together, prevent an appellant from adequately presenting an argument. We find that assertion, however, to be unavailing.

¶ 12 Petitioners first point out that rule 55, which outlines what the petition on appeal must include, makes no provision for an “argument” section. However, rule 55 in no way forbids the inclusion of an argument, and in fact, as Utah courts have interpreted that rule, it requires one. In the case of In re J.E.,

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Bluebook (online)
2006 UT 68, 148 P.3d 934, 564 Utah Adv. Rep. 26, 2006 Utah LEXIS 203, 2006 WL 3197183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-bap-utah-2006.