I changed my mind, if any, as I was writing this. I wouldn’t ever do it if I were
the state. It’s unusual. If it were a criminal case, then of course, it’s clearly not
okay.
Did the defense attorney have notice and an opportunity to object? To waive
his or her client’s appearance at a trial, for instance?
The parent would seem to have the usual time under Rule 60(b) to ask for
relief. Up to six months.
And the court should have followed the proceedures outlined in Rules 55 and
121 1-14.
Rule 55 talks about a defendant who “fails to plead or otherwise defend”.
But the Juve rules say respondent parent doesn’t have to do responsive
pleadings. 3.2(a). Did the respondent ever appear?
So, if I were the state defending an appeal I would pretend I meant it as a
Motion for Summary Judgment and point out People in the Interest of A.E.,
914 P.2d 534 (Colo App. 1996.) (Although the trial court was NOT allowed to
terminate on summary judgment in that case, it SOMETIMES is okay.)
I think it’s a bad idea and I would love to have the appeal if I were
respondent’s attorney.Webmaster
—– Original Message —–
Subject: terminations
Can a judge enter an order of termination of parental rights based on a motion for a default judgment from the County? the motion was filed on jan 5, and the order entered jan 8– I hadn’t even had time to respond. I thought there was always supposed to be a hearing. It is in the best interests of the child, but I want to make sure it’s procedurally sound, because if mom shows up and wants to appeal than we could have a long drawn out mess…..any thoughts?
