Opinion
DA 22-0116
04-26-2022
IN THE MATTER OF: D.P., A Youth in Need of Care.
ORDER
This matter comes before the Court on the petition of Appellate Defender Chad Wright for leave to file an out-of-time appeal on the Father's behalf, pursuant to M. R. App. P. 4(6). The petition includes an Affidavit of trial counsel Joshua Demers with explanation that due to difficulty maintaining contact with Father, and due to counsel's move from an office in Butte to an office in Missoula, he did not timely perfect Father's appeal because he only recently came into possession of a copy of the District Court's order terminating Father's parental rights and it took some effort to locate Father and determine that he wanted to appeal.
The order terminating Father's parental rights was issued by the Second Judicial District Court, Silver Bow County, on February 8, 2022, in Cause Nos. DN 19-56. To guarantee that Father's right to appeal is protected, the Appellate Defender requests an order permitting an out-of-time appeal from that Order. If Father is not permitted to appeal, it would constitute a gross miscarriage of justice and unduly punish him. The petition further states the Attorney General has no objection.
Given the importance of the interests at stake for the Father, and without objection, IT IS ORDERED that the petition for leave to file an out-of-time appeal is GRANTED.
IT IS FURTHER ORDERED that the Appellate Defender shall have ten days from the date of this Order within which to file a Notice of Appeal. The Appellate Defender shall immediately order the appropriate transcripts, if they have not been already ordered.
The Clerk of this Court is directed to provide copies of this Order to all counsel of record.