Opinion
A23A1182
05-23-2023
IN THE INTEREST OF K. S., a child.
The Court of Appeals hereby passes the following order:
This appeal from an adjudication of delinquency was docketed on March 13, 2023. On April 13, not having received an appellant's brief, this Court ordered appellant, who is represented by counsel, to file a brief by April 24. No brief was filed by that date, however. Instead, on May 2, counsel moved to withdraw. We denied this motion because it did not show that the client had been notified or consented to the withdrawal. See Court of Appeals Rule 9 (d). On May 3, counsel again moved to withdraw.
A juvenile has a right to counsel in "all proceedings" before the juvenile court. OCGA § 15-11-475 (a). See also Seay v. State, 220 Ga.App. 418, 418 (469 S.E.2d 496) (1996) (criminal defendants are entitled to counsel "at every critical stage of the proceedings against them, including appeal"); OCGA § 17-12-5 (b) (1) (the Indigent Defense Act applies to "criminal or juvenile" cases).
The record before us does not include the motion to withdraw apparently filed in the juvenile court, and the juvenile should not suffer from a procedural default on appeal as a result of actions or omissions of which he is not aware. See, e.g., In re J. L. B., 280 Ga.App. 556, 559 (3) (634 S.E.2d 514) (2006) (dismissing an appeal brought by the parents of a juvenile would be "manifestly unfair" and in violation of OCGA § 5-6-30's instruction to avoid dismissal). The second motion to withdraw filed by counsel on May 3 still fails to comply with this Court's rules, and it is not clear whether the juvenile would be represented by any counsel if his current counsel's motion to withdraw is granted. We therefore DENY the second motion to withdraw and REMAND this case to the juvenile court for consideration of counsel's motion to withdraw and what protections, if any, should be put in place for the juvenile's representation. The juvenile may file a new notice of appeal within 30 days of the entry of the juvenile court's order on that motion.