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In the Interest of AWT

The procedure utilized in Anders v. California and its progeny is available to appointed counsel faced with the prospect of conducting a meritless appeal, irrespective of whether the appeal involves a criminal or civil matter.

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Jerry Wayne Todd appeals from an order terminating the parental relationship between himself and his children AWT, MGT and JKT. The trial court appointed Todd counsel to represent him on appeal. Thereafter, his appointed counsel filed an Anders *fn1 brief and motion to withdraw. *fn2 In the brief, appellate counsel certified that he 1) diligently reviewed the appellate record and 2) concluded the appeal was meritless. So too did counsel state that he informed his client, Todd, of his conclusion and of Todd’s right to review the record and file a pro se response to the brief and motion. This court also contacted Todd, in writing, to inform him of counsel’s motion and brief and of Todd’s right to respond thereto after reviewing the record. Todd so responded, contending that his trial counsel denied him effective assistance. For the reasons which follow, we affirm the judgment.

Anders

We initially address whether appellate counsel may file an Anders brief in a civil proceeding. Historically, the use of such briefs have been limited to appeals arising from criminal convictions. In permitting appellate counsel to file an Anders brief, the Supreme Court recognized that counsel, though appointed to represent the appellant, had no duty to pursue a frivolous matter on appeal. Anders, 386 U.S. at 744, 87 S. Ct. at 1400 . Thus, he was afforded the opportunity to withdraw after informing the court of his conclusion and the effort made in arriving at that conclusion. Id.

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