Court Rules | Ariz. R. Juv. P. 103 | 2018
A. Any aggrieved party may appeal from a final order of the juvenile court to the court of appeals. In an appeal in a delinquency, incorrigibility, or transfer matter, the notice of appeal shall be captioned using the first name and last initial of the minor child involved, as follows: "In re Abcde F." In an appeal in an adoption, dependency, guardianship, emancipation or termination of parental rights (severance) matter, the notice of appeal shall be captioned in the names of the parties to the appeal, with the names of natural persons limited to the first name and last initial, and with minor children identified by only initials, for example: "Ghijk L., Appellant, v. Department of Child Safety and M.N., Appellees."
B. The order of the juvenile court shall not be suspended or the execution thereof stayed pending the appeal except the appellate court may suspend or stay the execution thereof provided suitable provision is made for the care and custody of the child. In exercising its discretion hereunder, the appellate court may consider the likelihood that the order on appeal will be reversed, the best interests of the child, and any other pertinent legal or equitable questions. If restitution is ordered to be paid, monies paid for restitution shall be held by the clerk of the superior court from which the appeal is filed pending the final outcome of the appeal.
C. The appellate court shall give the appeal precedence over all other actions except extraordinary writs or special actions. For good cause, the appellate court, on motion of a party or on its own initiative may suspend, supplement, or vary the requirements of any section of Rules 103 through 108, and may substitute any other appropriate order of proceedings; provided, however, that the time specified in Rule 104(A). for the filing of a notice of appeal or notice of cross-appeal may not be shortened or extended, except as provided in Rule 108(B).
D. When required by law, the presiding judge of the juvenile court shall appoint an attorney for a party to an appeal from a final order of the juvenile court. Unless the presiding judge of the juvenile court finds on motion or on its own initiative that a party who had appointed counsel before the juvenile court is currently able to employ counsel, that party may continue with appointed counsel on appeal without further authorization, subject to substitution of new appointed counsel in the discretion of the presiding judge of the juvenile court. A party who did not proceed with appointed counsel in the juvenile court may seek to proceed with appointed counsel on appeal by filing in the juvenile court no later than 5 days after service of the notice of appeal a request for appointment of counsel on appeal. If the presiding judge of the juvenile court finds that the party is not entitled to proceed with appointed counsel, the party may petition the appellate court to so proceed upon the docketing of the appeal.
E. No bond shall be required in any court in connection with an appeal from a final order of the juvenile court.
F. During the pendency of an appeal, the juvenile court may proceed within its legal authority on an issue remaining before it or newly presented to it to the extent (1) the appellate court has specifically authorized or directed the juvenile court to rule on the issue; (2) the juvenile court's ruling on the issue would be in furtherance of the appeal; (3) applicable statutory law or judicial rule confers continuing jurisdiction on the juvenile court; (4) the juvenile court's ruling on the issue would not legally or practically prevent the appellate court from granting the relief requested on appeal; or (5) the issue arises from a motion to dismiss the appeal filed by the appellant and presented to the juvenile court for ruling at a time before the clerk of the superior court forwards the record to the appellate court pursuant to Rule 105(D). This rule shall not be interpreted to authorize the juvenile court to extend the time for filing briefs, motions, transcripts, or other documents or items with the clerk of the court of appeals or the supreme court.
G. To the extent that they are not inconsistent with or expressly varied by these rules, the following rules in the Arizona Rules of Civil Appellate Procedure (ARCAP) shall apply to appeals from final orders of the juvenile court: Rules 2 (Definitions), 4 (Filing Documents with an Appellate Court; Format; Service), 5 (Computing and Modifying Deadlines), 6 (Motions), 8(g) (Joint or Consolidated Appeals or Cross-Appeals); 11(d), (e) and (h) (Narrative Statement, Agreed-Upon Statement, Multiple Appeals from the Same Judgment), 17 (Supplemental Citation of Legal Authority), 18 (Oral Argument in the Court of Appeals), 20 (Notice of Decisions and Orders), 24 (Appellate Court Mandates), 25 (Sanctions), 26 (Voluntary Dismissal), 27 (Substitution of Parties), and 28 (Decisions; Publication of Opinions). ARCAP 25 shall not apply to permit the imposition of sanctions against a juvenile appellant or cross-appellant or counsel for a juvenile appellant or cross-appellant for filing a frivolous appeal from a final order in a delinquency or transfer matter.