Found an issue on this page? Let us know and we will look into it as soon as possible.
This is NOT a criminal case!!! Can the the term ineffective assistance of counsel be applied to family court?
Anonymous10 views6 answers
My granddaughters were taken from me based on several lies. We had been evicted and lived temporarily in a hotel.1. An individual lied & said we were living on the street. 2. My daughter & girls mother failed to send updated POA. All of my family agree girls should remain w/me. Attorney was appointed to me. She failed in everything she did. Failed to give adequate counsel, failed to investigate, failed to get info about daughter from police records, failed to get info about 1 of my sisters who is an addict, failed to perfect appeal and abandoned the appeal and failed to inform me of my appellate rights. It is too late to file for an appeal in this stage of the game. I'm very concerned for my granddaughters safety, well being, happiness, morals and lack of education. My daughter & my
IN the Sixth Amendment to the United States Constitution the term ineffective assistance of counsel is to be applied in criminal cases, not family court.
First, I yield to AZ counsel as to all matters of State Law.
Second, I agree with Alan's answer, as far as it goes.
Finally, the view of the courts is different in civil cases in that you select your attorney and he or she acts as your agent. For the most part a court is not going to overturn a case because you, in retrospect, disagree with your lawyer's choices or actions. It is kind of like saying "I screwed up, so let me try my case again." The lawyer's duty is to the client. If the lawyer botched the job, the recourse is against the lawyer, not the counterparty in the underlying lawsuit.
Finally, as far as appeal time goes, we don't know when the order was entered so we don't know if you can still appeal or not.
Sounds like a terribly upsetting situation and I wish you well.
I understand that this is not a criminal matter and is a family law matter with difficult family dynamic. If you feel that your public appointed attorney was incompetent and is failing to protect the best interests of the children, that issue should be communicated to the public attorney, in writing with your questions, comments and concerns. Request a written reply to avoid any further miscommunications. If still not satisfied, raise the issue with the court directly. The Court is going to be concerned with protecting the best interests of the children always - and if you have documented evidence or a convincing factually supported argument that your public attorney is not doing so, then other counsel can or may be appointed.
As a side note however - ineffective assistance of counsel is a claim raised by convicted criminal defendant alleging that attorney's performance was so ineffective that it deprived them of their 6th Amendment US Constitutional Rights guaranteed by Assistance of Counsel Clause of the Sixth Amendment. It is a term of art particular to Constitutional and Criminal Law.
As a rule, ineffective assistance of counsel applies to criminal cases. In a family court situation, attorney neglect is typically imputed on the client. However, you may have a civil cause of action against the attorney if your case was handled negligently.
Barbara Ann CossuFamily Law AttorneyFort Myers, FL ·
Sounds like this is a dependency case since you say an attorney was appointed to represent you. Assuming it is a dependency case, and not family law, it doesn't matter what yoru family members feel. I tis up to the state of Arizona to make a determination of where the children should be placed. As a general rule, the parents are always given the first preference over extended family members.
