Withdrawal and appointment of attorneyRule 8.517
Related statutes: § 39.013 Procedures and jurisdiction; right to counsel; guardian ad litem. · § 39.807 Right to counsel; guardian ad litem. · § 39.510 · § 39.815 · § 39.0134
3 opinions cite Rule 8.517
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J.B. v. Department of Children & Families 170 So. 3d 780 · SC14-1990 · Florida Supreme Court 2015
· cited by 26 in all courts
Supreme Court held the right to counsel in termination cases includes effective assistance, set a test and interim procedure, and approved denying this mother relief.
…the parent until the “attorney certifies that the attorney has discussed appellate remedies with the parent” and the parent has chosen not to appeal. Fla. R. Juv. P. 8.517(a)(1). If the parent chooses to appeal, the attorney must certify, among other things, that the parent so chose, that a notice of appeal signed by counsel and the…
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In re Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146 213 So. 3d 803 · SC16-553 · Florida Supreme Court 2017
…require, in subdivision (a)(2)(A), that parents be advised of their right to effective counsel in termination of parental rights proceedings. Rule 8.517 (Withdrawal and Appointment of Attorney) is amended to create a new separate subdivision (b) specifically addressing the withdrawal of an attorney after…
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In re Amendments to the Florida Rules of Juvenile Procedure 115 So. 3d 286 · SC12-188 · Florida Supreme Court 2013
· cited by 2 in all courts
…consider “a case review committee recommendation, if there has been one,” as such is not required under section 39.407(6), Florida Statutes (2012). New rule 8.517 (Withdrawal and Appointment of Counsel) is adopted to address withdrawal of counsel of record for a parent or custodian in a dependency or termination of…
No opinion cites this provision by number.
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(a) Withdrawal of Attorney after Order Adjudicating Child Dependent. After an order of adjudication of dependency or an order of dependency disposition has been entered, the attorney of record for a parent or legal custodian in a dependency proceeding shall not be permitted to withdraw as the attorney until the following have occurred:
(1) The attorney certifies that after discussing appellate remedies with the parent or legal custodian, the parent or legal custodian elects not to appeal the order; or
(2) The attorney certifies that after discussing appellate remedies with the parent or legal custodian, the parent or legal custodian elects to appeal the order, and
(A) a notice of appeal containing the signatures of the attorney and the parent or legal custodian has been filed or a notice of appeal containing the signature only of the attorney has been filed if the parent or legal custodian elects to appeal but is unable to personally timely sign the notice and that an amended notice of appeal containing the parent’s or legal custodian’s signature will be filed;
(B) directions to clerk, if necessary, have been filed;
(C) a motion to transcribe the requisite proceedings has been filed;
(D) a designation to the court reporter specifying the proceedings that must be transcribed in order to obtain review of the issues on appeal and designating the parties to receive a copy of the transcripts has been filed; and
(E) an order appointing appellate counsel, if any, has been entered. Conformed copies of each of these documents shall be attached to the motion to withdraw.
(3) If the attorney is unable to contact the parent or legal custodian regarding appellate remedies, the attorney certifies and describes the efforts made to contact the parent or legal custodian.
(b) Withdrawal of Attorney after Order Terminating Parental Rights. After an order terminating parental rights has been entered, the attorney of record for a parent in a termination of parental rights proceeding shall not be permitted to withdraw as attorney until the following have occurred:
(1) Discussion of Appeal.
(A) The attorney certifies that after discussing appellate remedies with the parent, the parent elects not to appeal the order terminating parental rights; or
(B) The attorney certifies that after discussing appellate remedies with the parent, the parent elects to appeal the order terminating parental rights; and
(i) a notice of appeal containing the signatures of the attorney and the parent has been filed or a notice of appeal containing the signature only of the attorney has been filed if the parent elects to appeal but is unable to personally timely sign the notice and that an amended notice of appeal containing the parent’s signature will be filed;
(ii) directions to clerk, if necessary, have been filed;
(iii) a motion to transcribe the requisite proceedings has been filed;
(iv) a designation to the court reporter specifying the proceedings that must be transcribed in order to obtain review of the issues on appeal and designating the parties to receive a copy of the transcripts has been filed; and
(v) an order appointing appellate counsel, if any, has been entered. Conformed copies of each of these documents shall be attached to the motion to withdraw.
(2) Discussion of Ineffective Assistance of Counsel Claim.
(A) The attorney certifies that after discussing the right of a parent to file a motion claiming ineffective assistance of counsel, the parent elects not to file the motion, or
(B) The attorney certifies that after discussing the right of the parent to file a motion claiming ineffective assistance of counsel, the parent elects to file a motion. Consequently, the attorney must immediately seek to withdraw from representation of the parent.
(3) Inability to Discuss Remedies. If the attorney is unable to contact the parent regarding appellate remedies and the right to file a motion claiming ineffective assistance of counsel, the attorney certifies and describes the efforts made to contact the parent.
(c) Appointment of Appellate Counsel. If the court permits the attorney to withdraw, the court must expeditiously appoint appellate counsel for indigent parents pursuant to law. The indigent parent is not entitled to a court-appointed attorney in any trial court proceeding regarding a motion claiming ineffective assistance of counsel. However, a parent may independently retain an attorney to assist in any trial court proceeding regarding a motion claiming ineffective assistance of counsel.
(d) Service of Order Appointing Attorney. Following rendition of an order appointing appellate counsel, the court must serve the order on the appointed appellate counsel and the clerk of the appellate court.
Amendments since the 1991 renumbering
From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.
- Eff. 2017-03-23 Amended · 213 So. 3d 803
- Eff. 2013-07-01 Adopted · 115 So.3d 286
- Eff. 1998-10-01 Amended · 725 So.2d 296
- Eff. 1991-07-01 Added · 589 So.2d 818
Committee notes (1)
Committee Note. Amendment 2017. Significant amendments were made to create a process for claiming ineffective assistance of counsel in termination of parental rights proceedings. J.B., etc. v. Florida Department of Children and Families, 170 So. 3d 780 (Fla. 2015). A parent’s right to appointed counsel is governed by sections 39.013(9)a. and 27.511, Florida Statutes.