Opinion
DA 21-0265
06-08-2021
IN THE MATTER OF: A.V., A Youth in Need of Care.
ORDER
Before this Court is a Petition (or Out-of-Time Appeal filed by Public Defender Chad Wright on behalf of birth mother S, V. ("Mother"). The petition is supported by an affidavit submitted by Eleanor Maloney, Assistant Public Defender for Region 1A of the State Office of the Public Defender, In summary. Mother determined to exercise her right to appeal the written Findings of Fact. Conclusions of Law and Order Terminating Parental Rights in DN 18-105 entered on February 22. 2021; however, in the interim, assigned counsel went on medical leave, and due to lack of personnel and shortage of attorneys in the Region 1A Office of State Public Defender a notice of appeal was not filed within the 60 days required by M. R. App. P 4(5)(b). Accordingly. Mother now files her petition for an out-of-time appeal. The motion represents that the State does not object.
Maloney avers in her affidavit that other FTE Attorney Staff were assigned to fill in as needed while working their other caseloads but due to the overwhelming swell of new case assignments and ongoing representation of other clients. Maloney missed the appeal filing deadline. Maloney also states she was on medical leave for the majority of February, March, April, and May.
M. R. App. P. 4(6) provides that this Court may grant an out-of-time appeal "[i]n the infrequent harsh case and under extraordinary circumstances amounting to a gross miscarriage of justice[.]”
Under the circumstances, we conclude that Mother has stated sufficient ground to warrant leave for an untimely appeal. There being no objection, and good cause appearing.
IT IS ORDERED that Mother's Petition for Out-of-Time Appeal is GRANTED. The Office of Appellate Defender is directed to file a notice of appeal within 15 days of the date of this Order.
The Clerk of this Court is directed to give notice of this Order to all counsel of record, to the Region 1A Office of the State Public Defender, and to the Office of the Appellate Defender.