William G., In re

• Decision Date: 23 April 1999
• Docket Number: No. S-98-690,S-98-690
• Parties: In re INTEREST OF WILLIAM G., a child under 18 years of age. State of Nebraska, Appellee, v. William G., Appellant.
• Court: Nebraska Supreme Court

Page 499

592 N.W.2d 499

256 Neb. 788

In re INTEREST OF WILLIAM G., a child under 18 years of age.

State of Nebraska, Appellee, v. William G., Appellant.

No. S-98-690.

Supreme Court of Nebraska.

April 23, 1999.

Syllabus by the Court

1. Juvenile Courts: Appeal and Error. The review of appeals from juvenile proceedings is de novo on the record and thus requires a conclusion independent of the juvenile court's findings.

2. Standing: Jurisdiction: Parties: Judgments: Appeal and Error. Standing is a jurisdictional component of a party's case because only a party who has standing may invoke the jurisdiction of a court; determination of a jurisdictional issue which does not involve a factual dispute is a matter of law which requires an appellate court to reach an independent conclusion.

3. Jurisdiction: Appeal and Error. Before reaching the legal issues presented for review, it is the power and duty of an appellate court to determine whether it has jurisdiction over the matter before it, irrespective of whether the issue is raised by the parties.

4. Standing: Jurisdiction: Appeal and Error. An appellate court may, on its own motion, examine and determine whether an appellant has satisfied the requirements for appellate jurisdiction, including the requirement of standing.

5. Standing: Jurisdiction. Standing requires that a litigant have such a personal stake in the outcome of a controversy as to warrant invocation of a court's jurisdiction and justify the exercise of the court's remedial powers on the litigant's behalf.

6. Parties: Standing: Appeal and Error. Only an aggrieved party can take an appeal.

7. Parties: Standing: Appeal and Error. It is a general rule that only a person aggrieved or injured by a judgment may take an appeal from it.

8. Criminal Law: Appeal and Error. A person who has been released and discharged from further prosecution under a complaint is not legally aggrieved and therefore cannot appeal.

9. Juvenile Courts: Judgments. A juvenile who has been released from commitment and no longer has any further contact with the office of juvenile services is no longer legally aggrieved by a judgment of the juvenile court.

10. Juvenile Courts: Parties: Standing: Appeal and Error. For purposes of an appeal in a juvenile proceeding, the Nebraska Juvenile Code delineates those persons or entities which may be considered parties and therefore have standing to appeal a judgment from a juvenile court.

11. Juvenile Courts: Appeal and Error. Neb.Rev.Stat. § 43-2,106.01 (Reissue 1998) governs appeals in juvenile proceedings.

12. Attorney and Client: Guardians Ad Litem. The duties and responsibilities of a guardian ad litem are not coextensive with those of an attorney.

13. Attorney and Client: Guardians Ad Litem. While an attorney serving as counsel acts in accordance with a client's wishes within the limits of the law, a guardian ad litem, generally speaking, steps into the position of the ward and, after considering the alternatives, asserts the right of the ward as the guardian ad litem sees fit.

14. Standing. In order to have standing, a litigant must assert the litigant's own legal rights and interests, and cannot rest his or her claim on the legal rights or interests of others.

15. Judgments: Collateral Attack. If a judgment is entered without jurisdiction of the person or the subject matter or in 16. Courts. Where there is no adequate remedy by the ordinary course of the law, a duty is imposed upon the Nebraska Supreme Court to prevent violation of law by inferior tribunals.

excess of the court's power, it is void and may be collaterally impeached.

17. Mandamus: Judgments. A judge of the district court may, if the ordinary remedy is inadequate, be compelled by mandamus to vacate or set aside an order or judgment granted by the judge when done without jurisdiction or authority.

Martin G. Cahill, Dakota County Public Defender, on brief, for appellant.

Mark L. Andrews, Deputy Dakota County Attorney, for appellee.

Before: HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

HENDRY, C.J.

INTRODUCTION

This is an appeal from the commitment of a juvenile, William G., to the Youth Rehabilitation and Treatment Center (Center) at Kearney, Nebraska. This appeal questions the trial court's appointment of a public defender in a juvenile case, claiming it is not statutorily authorized. The main issue on review is whether the appeal was properly brought before this court, thereby vesting appellate jurisdiction.

BACKGROUND

On February 3, 1998, in the county court for Keith County, Nebraska, William was charged with possession of stolen property, a Class III felony. During his arraignment, William requested court-appointed counsel. On February 13, William appeared in court with his attorney, Edward Steenburg, and requested that the matter be transferred to Keith County Juvenile Court. The court granted the transfer to juvenile court and allowed the felony complaint to serve as the petition in the juvenile court proceeding. The Keith County Court, sitting as a juvenile court, accepted William's admission of the allegations contained in the complaint and ordered "a predispositional report to be completed by the District 9 Probation Office." On March 25, prior to disposition, the case was transferred to the juvenile court of Dakota County.

Although there is nothing in the record indicating when Martin Cahill, the Dakota County Public Defender, was appointed to the case in the Dakota County Juvenile Court, on April 8, 1998, Cahill filed a motion to withdraw from the representation of the "[n]atural parents [sic]." In support of this motion, Cahill stated that "the office of the public defender is governed by Neb.Rev.Stat. § 23-3401 (Reissue [1997] ), and that ... specifically [Neb.Rev.Stat.] § 23-3402 [ (Reissue 1997) ] makes no mention of appointment of the office of the public defender in juvenile cases." However stated, it is clear from the record and the acknowledgment of the parties at oral argument that Cahill was requesting relief from the representation of William. On April 9, the motion was denied, with the notation that the "Court finds this defendant is an indigent felony defendant under [§ ] 23-3402 ." (Emphasis supplied.)

On June 1, 1998, a dispositional hearing was held on behalf of William. Although both William and his natural mother were present at the hearing, Cahill entered his appearance only on behalf of "the [j]uvenile" defendant. Additionally, the county court certificate of transcript indicates that William's mother appeared pro se and that his father never appeared. The hearing was concluded with a court order entered June 1, committing William to the Department of Health and Human Services, Office of Juvenile Services, for commitment to the Center.

On June 30, 1998, Cahill filed a notice of appeal in the county court for Dakota County, giving notice that William intended to prosecute an appeal from the judgment entered on June 1. The only error William assigns in this appeal, however, is the April 9 denial of the public defender's motion to withdraw.

We removed this case to our docket pursuant to our power to regulate the Nebraska Court of Appeals' caseload and that of this court. See Neb.Rev.Stat. § 24-1106(3) (Reissue 1995).

ASSIGNMENT OF ERROR

William's only assignment of error is that the trial court abused its discretion by denying the public defender leave to withdraw.

STANDARD OF REVIEW

The review of appeals from juvenile proceedings is de novo on the record and thus requires a conclusion independent of the juvenile court's findings. In re Interest of R.G., 238 Neb. 405, 470 N.W.2d 780 (1991), disapproved on other grounds, O'Connor v. Kaufman, 255 Neb. 120, 582 N.W.2d 350 (1998).

Standing is a jurisdictional component of a party's case because only a party who has standing may invoke the jurisdiction of a court; determination of a jurisdictional issue which does not involve a factual dispute is a matter of law which requires an appellate court to reach an independent conclusion. State v. Cushman, 256 Neb. 335, 589 N.W.2d 533 (1999); Cotton v. Steele, 255 Neb. 892, 587 N.W.2d 693 (1999); Hawkes v. Lewis, 255 Neb. 447, 586 N.W.2d 430 (1998).

ANALYSIS

Before reaching the legal issues presented for review, it is the power and duty of an appellate court to determine whether it has jurisdiction over the matter before it, irrespective of whether the issue is raised by the parties. In re Interest of Anthony G., 255 Neb. 442, 586 N.W.2d 427 (1998). See, also, In re Interest of Artharena D., 253 Neb. 613, 571 N.W.2d 608 (1997). An appellate court may, on its own motion, examine and determine whether an appellant has satisfied the requirements for appellate jurisdiction, including the requirement of standing. Id. Standing requires that a litigant have such a personal stake in the outcome of a controversy as to warrant invocation of a court's jurisdiction and justify the exercise of the court's remedial powers on the litigant's behalf. Cotton v. Steele, supra. Only an aggrieved party can take an appeal. Wrede v. Exchange Bank of Gibbon, 247 Neb. 907, 531 N.W.2d 523 (1995).

We initially note that the record does not indicate whether William remains confined to the Center. However, the parties' briefs indicate that William was discharged from the Center in August 1998 and no longer has any further contact with the Office of Juvenile Services. This was further acknowledged by the parties at oral argument.

Accordingly, standing does not exist for the reason that William is not legally aggrieved. Once the judgment, William's commitment to the Center, was fully executed, William could not be affected by this appeal. It is a general rule that only a person aggrieved or injured by a judgment may take an appeal from it. See, In re Claim of Rehm and Faesser, 226 Neb. 107, 410 N.W.2d 92 (1987); State v.. Sports Couriers, Inc., 210 Neb. 168, 313...