Legal Aid SocietyGAL Teaching Tips
B Kavita Sookrajh, Esq.
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Beyond the Dependency Trial Court: GAL Advocacy at the Appellate Level
eing a guardian ad litem is a very rewarding form of pro bono work for a local attorney to engage in and, in particular, GAL appellate participation can have a significant impact on securing permanency for a child. OCBA members and certified appellate lawyers John Hamilton, Esq., and Tom Young, Esq. were instrumental in helping the Legal Aid Society establish an impressive panel of pro bono attorneys who are willing to assist GALs in dependency case appeals. Since creating the panel, we have been successful in appeals of dependency adjudications, termination of parental rights judgments, and many other Chapter 39 matters, thus ensuring the safety and protection of Florida’s children. The Legal Aid Guardian ad Litem Program’s appellate success story encompasses a near-perfect appellate record each year. While there are many tips for GALs to achieve success at the appellate level, a primary one is to ensure that the trial court’s record is complete, thorough, and protected. The GAL, who has party standing by statute, should immediately begin laying the foundation at the trial level in a Chapter 39 proceeding. Objections and responses should be made timely and expeditiously during trial. Arguments at the trial court level should point out the applicable case law that would govern the court’s ruling, with an explanation of how the current case applies. Statutory record cites are vital as well, and provisions exist within Florida Statutes Chapter 39 that govern every stage of the dependency proceedings. It is always important in appellate work that appellate time frames are observed, as they run swiftly once the initial brief is filed. Oral arguments may occur upon a party’s request. Termination of Parental Rights judgments account for the vast majority of what is appealed, and they operate under expedited time frames within the District Court of Appeal (DCA) so the case will move quickly. The final decision can result in either the trial court’s judgment being affirmed, reversed, or reversed accompanied by a remand with instructions. Once a Notice of Appeal is filed in a dependency case, the Legal Aid’s GAL Program is alerted so we can quickly make contact with the pro bono GAL to ascertain whether he or she wishes to handle the appeal or have us secure the services of another pro bono attorney to represent that GAL for purposes of the appeal. In either instance, the GAL Program staff attorneys remain in contact with the GAL, and/or pro bono attorney repre-
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senting the GAL, should any questions arise on juvenile dependency practice or procedure. There are several dedicated, local appellate attorneys who have chosen to do their pro bono work by assisting us with appeals of juvenile dependency cases. These attorneys are usually board certified in appellate work. As a part of their representation, these attorneys have gone to the Fifth DCA and argued critical issues that impact the welfare of dependent children across the state. They have prepared lengthy arguments for presentation to the DCA on involved and complicated cases, with little advanced preparation time. The pro bono appellate attorneys consult closely with the pro bono GAL to ensure their interests are fully represented at the appellate level. They keep in close contact with the GAL and make sure they are fully informed of the progress of the appellate case from beginning to end. Once the decision comes out from the DCA, the appellate attorney advises the GAL of the outcome and the next steps procedurally. If a pro bono GAL decides to handle an appeal himself or herself, he or she will have full support through Legal Aid’s GAL staff. The GAL can elect to have a staff attorney co-counsel the appellate case. GAL appellate work continues to be a “win-win” situation for everyone involved, most importantly, the children. This work achieves permanency, safety, welfare enhancement, and success for all children in care in a permanent way. We would like to thank the following pro bono attorneys who have helped to establish the success of our appellate program: John Hamilton, Esq., Thomas Young, Esq., Nick Shannin, Esq., Christi Lawson, Esq., Barbara Eagan, Esq., Brenda Lee London, Esq., David Knapp, Esq., Jamie Moses, Esq., Christopher Carlyle, Esq., James Gangitano, Esq., Elizabeth Wheeler, Esq., William Pence, Esq., Kimberly Healy, Esq., Susan Fox, Esq., Michael Brownlee, Esq., Derek Angell, Esq., and Christopher Killer, Esq. For more information on pro bono appellate work, contact Susan Khoury, Esq., the Guardian ad Litem Program Director, at skhoury@legalaidocba.org. For additional pro bono opportunities, contact Catherine Tucker, Deputy Director/Pro Bono Coordinator, at ctucker@legalaidocba.org. Kavita Sookrajh, Esq., GAL Program courtroom attorney with the Legal Aid Society of the Orange County Bar Association, Inc., has been a member of the OCBA since 2006.
theBriefs January 2014 Vol. 82 No. 1