Welcome to the Appellate Corner! Here, you can find information about the ORPC’s appellate program, how to request appointment of appellate counsel for appeal or consult, and how to submit appellate waivers. You will also find useful links to the ORPC appellate transmittal form and the transcript request form. If you have a question that is not answered on this page, feel free to call or email the ORPC appellate director.
Frequently Asked Questions: Appellate Edition
Your client needs to sign a Waiver of Appeal stating that he or she has been advised of their right to appeal. For an example, click here. For now, please email the affidavit to the ORPC appellate director at email@example.com. Once our program analyst position is filled, that person will receive the waivers. We will update the website with the change.
If your client’s last known position was for you to file an appeal, complete and submit the appellate transmittal form to get counsel appointed for your client.
If your client’s last known position on appeal is unknown—because you never spoke about appeal or because you have not been able to locate him or her—for now, please email the affidavit to the ORPC appellate director at firstname.lastname@example.org. Once our program analyst position is filled, that person will receive the affidavits. We will update the website with the change.
Fill out the ORPC appellate transmittal form within 7 days of issuance of the order (whether verbal or written). Once the ORPC gets the request, you will receive an email appointing an appellate attorney.
C.A.R. 3.4 places the obligation for filing the notice of appeal on trial counsel, but this obligation is discharged when you submit the appellate transmittal form to the ORPC within 7 days of your client notifying you of their desire to appeal. The notice of appeal and designation are due 21 days from the date of service of the written order.
You will need to gather the following information off of State Court Data Access:
Temporary Custody Hearing
Review Hearing 1-5
Termination of Parental Rights Hearing
Any other hearings relevant for the appeal
Yes. The Rules of Professional Conduct require trial and appellate attorneys to cooperate during the pendency of an appeal for a client.
If you request the briefs from the appellate attorney, then they will share them.
No. The trial attorney must remain on the case during the pendency of appeal, just in case something happens in the trial court that needs to be handled on an emergency basis.
The client has 28 days to file a petition for writ of certiorari, which the appellate attorney will handle if the client wishes to pursue it. If no petition for writ of certiorari is filed, then the appellate court will issue a mandate returning jurisdiction back to the trial court.
If the remand is because of an ineffective assistance of counsel claim, let the ORPC appellate director know so that new trial counsel can be appointed. In most other circumstances, you remain on the case as trial counsel to handle any new proceedings in the trial court.
Yes! Email your request to the appellate director. Make sure to include which parent you represent, a case number, and detailed information about your request.
Yes – in limited circumstances. Call or email the ORPC appellate director to find out if your client requires an appellate attorney to file an interlocutory appeal.