The showdown over legal fees in Rice County continues, and so far the county is losing. After a hearing on Jan. 5, District Court Judge Thomas Neuville issued a preemptory writ of mandamus ordering the county to pay the fees for a mother’s court appointed attorney in a termination of parental rights case, pursuant to Minn. Stat. 260C.331 subd. 3 (4). The judge ordered the county to pay $4,000 for fees incurred through Nov. 20, 2008, as well as ongoing fees until the conclusion of the case. If the county board refuses to pay the bills, the administrator is directed to enter judgment against the county.
Perhaps more importantly for the rest of the state, the judge also ordered the county to pay the cost of court appointed attorneys for indigent parents in other similar cases during 2009.
“While the Court does have the authority to mandate payment of said costs for court appointed counsel, the county retains discretion to determine the most cost effective manner for providing and paying for said costs of court appointed counsel in juvenile protection cases in the future,” Neuville wrote.
Not unmindful of the financial strain on counties, Neuville pointed out that the county’s remedy is to bring a declaratory judgment action against the Board of Public Defense to determine responsibility for payment. County attorney Paul Beaumaster told Minnesota Lawyer the county will appeal the order. The court-appointed attorney, Grant Sanders, told Minnesota Lawyer he plans a federal lawsuit if the county refuses to follow Neuville’s order.
Meanwhile, the landscape has brightened a little for the 19-year-old mother. The county last week dismissed its TPR petition and filed a new petition alleging the child was in need of protection or services. That CHIPS petition is now pending, and 4-month old Ezra was returned to his mother on Jan. 8.
