Ex parte Cauthen

CourtUnited States State Supreme Court of South Carolina
Citation354 S.E.2d 381,291 S.C. 465
Decision Date05 May 1969
PartiesEx parte Max B. CAUTHEN, In re SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent, v. Mary Ann Garcia ALMENDAREZ, Arnold Olivo, Jr., Adam Chavez, Jr., and Enrique Almendarez, of whom Mary Ann Garcia Almendarez, Arnold Olivo, Jr., and Adam Chavez, Jr., are Respondents. Appeal of Enrique ALMENDAREZ is Appellant. In re Minerva GARCIA, b

Page 381

354 S.E.2d 381
291 S.C. 465
Ex parte Max B. CAUTHEN,
In re SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, Respondent,
v.
Mary Ann Garcia ALMENDAREZ, Arnold Olivo, Jr., Adam Chavez,
Jr., and Enrique Almendarez, of whom Mary Ann
Garcia Almendarez, Arnold Olivo, Jr.,
and Adam Chavez, Jr., are Respondents.
Appeal of Enrique ALMENDAREZ is Appellant.
In re Minerva GARCIA, b. 5/5/69, Gilbert Garcia, b. 5/27/71,
Elida Almendarez, b. 7/7/78, Frances Garcia, b.
9/2/81, Virginia Garcia, b. 12/23/82,
minor children.
Supreme Court of South Carolina.
March 25, 1987.

Page 382

[291 S.C. 467] ORDER

Appellant, an indigent, appeals an order terminating his parental rights to three children. Appellant's attorney, who is also appellant's Guardian ad Litem, petitions the Court to be relieved in both capacities alleging that the appeal lacks merit and that he cannot afford to bear the costs of this appeal. See Supreme Court Rule 3. We deny the petition and adopt the following procedure.

When an indigent person appeals an order terminating his parental rights in an action to which the South Carolina Department of Social Services (DSS) is a party, the appellant's attorney shall file a Motion to be Allowed to Proceed Without Costs along with the Notice of Intent to Appeal. A copy of this motion shall be served on all parties. Unless appellant's

Page 383

indigent status is challenged within ten days of service of this motion, he shall be deemed indigent for the purposes of this appeal. No filing fees shall be assessed against him.

The indigent appellant's attorney shall then order a copy of the entire trial transcript. DSS shall pay for this transcript. If, after reviewing it, the attorney determines that there are any meritorious issues, he shall serve a Proposed Case and Exceptions on the respondent(s) and shall proceed according to the Supreme Court Rules. DSS shall bear all reasonable costs of perfecting the appeal. If, however, the attorney determines that the appeal is without merit, he shall docket the transcript with this Court within thirty days of its receipt. Along with the transcript, the attorney shall file his affidavit stating his belief, as an officer of the court, that the appeal lacks merit. A copy of this affidavit shall be served on all parties and on the appellant. While neither the respondent(s) nor the appellant shall be required to file a response to counsel's affidavit, either may do so if he wishes.

The Court shall then review...

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  • M.L.B. v. S.L.J., 95853
    • United States
    • United States Supreme Court
    • December 16, 1996
    ...In re Dotson, 72 N.J. 112, 367 A.2d 1160 (1976); State ex rel. Heller v. Miller, 61 Ohio St.2d 6, 399 N.E.2d 66 (1980); Ex parte Cauthen, 291 S.C. 465, 354 S.E.2d 381 (1987). 14. The pathmarking voting and ballot access decisions are Harper v. Virginia Bd. of Elections, 383 U.S. 663, 664, 6......
  • Linker-Flores v. Dept. of Human Services, No. 03-1099.
    • United States
    • Supreme Court of Arkansas
    • October 7, 2004
    ...In re Sade C., 13 Cal.4th 952, 55 Cal.Rptr.2d 771, 920 P.2d 716 (1996); In re S.C. Department of Social Services v. Almendarez, 291 S.C. 465, 354 S.E.2d 381 (1987). While we do recognize the need to resolve termination issues "as rapidly as is consistent with fairness," Lassiter v. Dep't of......
  • Linker-Flores v. Arkansas Department of Human Services, 03-1099 (AR 10/6/2004), 03-1099
    • United States
    • Supreme Court of Arkansas
    • October 6, 2004
    ...193 Ariz. 257, 972 P.2d 241 (Ct. App. 1998); In re Sade C., 13 Cal. 4th 952, 920 P.2d 716 (1996); Ex parte Cauthen v. Almendarez, 291 S.C. 465, 354 S.E.2d 381 (1987). While we do recognize the need to resolve termination issues "as rapidly as is consistent with fairness," Lassiter v. Dept. ......
  • South Carolina Medical Malpractice Liability Ins. Joint Underwriting Ass'n v. Ferry, No. 22685
    • United States
    • United States State Supreme Court of South Carolina
    • January 21, 1987
    ...acts. We hold JUA had no duty to defend, as the acts alleged therein are not within the scope of policy coverage. See Hirst, supra. [291 S.C. 465] III. THE AMENDED JUA makes essentially the same argument with regard to the amended complaints. It contends that the conduct charged in the amen......
  • Request a trial to view additional results
917 cases
  • M.L.B. v. S.L.J., 95853
    • United States
    • United States Supreme Court
    • December 16, 1996
    ...In re Dotson, 72 N.J. 112, 367 A.2d 1160 (1976); State ex rel. Heller v. Miller, 61 Ohio St.2d 6, 399 N.E.2d 66 (1980); Ex parte Cauthen, 291 S.C. 465, 354 S.E.2d 381 (1987). 14. The pathmarking voting and ballot access decisions are Harper v. Virginia Bd. of Elections, 383 U.S. 663, 664, 6......
  • Linker-Flores v. Dept. of Human Services, No. 03-1099.
    • United States
    • Supreme Court of Arkansas
    • October 7, 2004
    ...In re Sade C., 13 Cal.4th 952, 55 Cal.Rptr.2d 771, 920 P.2d 716 (1996); In re S.C. Department of Social Services v. Almendarez, 291 S.C. 465, 354 S.E.2d 381 (1987). While we do recognize the need to resolve termination issues "as rapidly as is consistent with fairness," Lassiter v. Dep't of......
  • Linker-Flores v. Arkansas Department of Human Services, 03-1099 (AR 10/6/2004), 03-1099
    • United States
    • Supreme Court of Arkansas
    • October 6, 2004
    ...193 Ariz. 257, 972 P.2d 241 (Ct. App. 1998); In re Sade C., 13 Cal. 4th 952, 920 P.2d 716 (1996); Ex parte Cauthen v. Almendarez, 291 S.C. 465, 354 S.E.2d 381 (1987). While we do recognize the need to resolve termination issues "as rapidly as is consistent with fairness," Lassiter v. Dept. ......
  • South Carolina Medical Malpractice Liability Ins. Joint Underwriting Ass'n v. Ferry, No. 22685
    • United States
    • United States State Supreme Court of South Carolina
    • January 21, 1987
    ...acts. We hold JUA had no duty to defend, as the acts alleged therein are not within the scope of policy coverage. See Hirst, supra. [291 S.C. 465] III. THE AMENDED JUA makes essentially the same argument with regard to the amended complaints. It contends that the conduct charged in the amen......
  • Request a trial to view additional results

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