Page:Linker-Flores v. Arkansas Department of Human Services, 359 Ark. 131 (2004).pdf/11

Rh termination issues "as rapidly as is consistent with fairness," Lassiter v. Dep't of Social Services of Durham Co., North Carolina, 452 U.S. 18, 32 (1981), we must balance this need with the substantial loss the parents will face if their child is taken away from them. The need for a prompt resolution of these matters has already been recognized by the adoption of Ark. R. App. P—Civ. 2(e) (2004), which accords priority to appeals involving termination of parental rights. Moreover, as the production of the record is often the most time-consuming part of the appeal process, the only way to reach a significantly faster resolution in termination-of-parental-rights appeals would be to allow the lawyer to withdraw before the preparation of the record. This is not an acceptable alternative, as neither the court nor the lawyer can review the record for potential meritorious points of appeal. Fairness requires that the indigent parent is entitled to a review of the record for any appealable issues, and we will not eliminate this step from the process. Because the record must be produced even in circumstances where the lawyer ultimately asks to withdraw, the only time saved by allowing such a withdrawal without the preparation of an Anders brief is simply the time it takes for the lawyer to prepare the brief, which is inherently limited by the briefing schedule. While the preparation of a brief does take time, the additional time involved is hardly sufficient to justify doing away with procedures to protect the parent's right to counsel on appeal.

[4, 5] Because we conclude that the benefits from the Anders protections to the indigent parent's right to counsel outweigh the additional time such procedures require, the Anders procedures shall apply in cases of indigent parent appeals from orders terminating parental rights. Thus, we hold that appointed counsel for an indigent parent on a first appeal from an order terminating parental rights may petition this court to withdraw as counsel if, after a conscientious review of the record, counsel can find no issue of arguable merit for appeal. Counsel's petition must be accompanied by a brief discussing any arguably meritorious issue for appeal. The indigent parent must be provided with a copy of the brief and notified of her right to file points for reversal within thirty days. If this court determines, after a full examination of the record, that the appeal is frivolous, the court may grant counsel's motion and dismiss the appeal. If, however, we find any of the legal points arguable on their merits, we will appoint new counsel to argue the appeal.