Maricopa County Appeal No. J-68100 v. Haire

• Decision Date: 30 June 1971
• Docket Number: No. 10457,J--68100,P,10457
• Citation: 486 P.2d 791,107 Ariz. 309
• Parties: In re MARICOPA COUNTY APPEAL NO.etitioner, v. The Honorable Levi Ray HAIRE, Chief Judge, Division One of the Court of Appeals, and Classie Gantt, Clerk of the Court of Appeals, Division One, Respondents.
• Court: Arizona Supreme Court

Page 791

486 P.2d 791

107 Ariz. 309

In re MARICOPA COUNTY APPEAL NO. J--68100, Petitioner, v. The Honorable Levi Ray HAIRE, Chief Judge, Division One of the Court of Appeals, and Classie Gantt, Clerk of the Court of Appeals, Division One, Respondents.

No. 10457.

Supreme Court of Arizona, In Banc.

June 30, 1971.

Richard T. Treon, Phoenix, for petitioner.

William G. Stinson, Phoenix, for respondents.

LOCKWOOD, Justice:

This action comes before us by Special Action wherein the petitioner requests this Court to order the Court of Appeals 'to process Appeal No. J--68100 without a filing fee and on review of the order of the Juvenile Court (of Maricopa County) of July 29, 1970.' The petitioner is the grandmother of a five year old girl who is now in the jurisdiction of the Juvenile Court of Maricopa County, Arizona. The minutes of the juvenile court reflect that a petition was filed in that court on June 4, 1970 alleging that the child was a dependent child in need of the care and protection of the court; that a hearing was held at which evidence was received; that the court found that the child was in need of the care and protection of the court as a ward, and therefore the court ordered that the child remain a ward of the court committed to the care, custody and control of the Maricopa County Department of Public Welfare for supervision and planning.

The petitioner was a party to and present at the hearing at which said order was entered. She filed a notice of appeal, and a cost bond, and the record was transmitted to the Court of Appeals. The Court of Appeals by a letter from the Clerk thereof notified the petitioner that a filing fee of $25.00 was payable within thirty days from the date of the notice, and also that the Court of Appeals raised the issue as to whether the order of July 29, 1970 which is the subject of the appeal, must be in writing, signed by the judge and filed, before the appeal can be taken.

The questions presented for our consideration are (1) whether the Court of Appeals may require a filing fee of $25.00 in an appeal from an order of the Juvenile Court, and (2) whether an order of the Juvenile Court, to constitute an appealable order, must be in writing, signed by the judge and filed, before the appeal can be taken.

Prior to 1970, there was no provision for taking an appeal from any action of the Juvenile Court. However, in 1970, the Legislature repealed the existing Juvenile Code, and by Chapter 223, Laws of 1970, set up a new Juvenile Code which included a provision for appeals. This provision reads as follows:

'A. Any aggrieved party may appeal from a final order of the juvenile court to the court of appeals in the same manner as may other appeal from the superior court except the name of the child shall not appear in the record of the appeal, the juvenile court record number assigned to that case substituting therefor.

'B. The order of the juvenile court shall not be suspended or the execution thereof stayed pending the appeal except the appellate court may, by order suspend or stay the execution thereof provided suitable provision is made for the care and custody of the child.

'C. The court of appeals shall give the appeal precedence over all other actions except extraordinary writs or special actions.

'D. The presiding judge of the juvenile court shall appoint an attorney for an indigent party appealing a final order of the juvenile court and a reasonable sum shall be fixed by the court to be paid by the county to such attorney for the appeal, which sum shall not exceed two hundred dollars.' (Emphasis supplied.)

There are two types of appeals, civil and criminal. The appellant from a judgment or order of the Superior Court in a civil action is required to pay to the Clerk of the Supreme Court a filing fee of $25.00. A.R.S. § 12--321. In a criminal appeal if an appellant is unable to pay, the Clerk of the Supreme Court shall file the record on appeal without charge. There are other differences in procedure for the two...