Crow Wing County loses appeal to state Supreme Court

An order issued from the Minnesota Supreme Court denied a Crow Wing County appeal arguing that the county shouldn't be responsible for paying the attorney fees in child protection cases.

County Attorney Don Ryan said he would have preferred a different outcome and the county's option is to seek a change through the Legislature. The board approved paying the last $50 per attorney it owed as an outstanding balance in order to keep the contempt of court cases open for the appeal.

"I'm not willing to go to jail, but this just bothers me that we have to pay this," said Commissioner Rosemary Franzen, adding the money the county is being required to pay is another unfunded mandate passed to the county.

Board Chairman Phil Trusty said the county took its argument to the state Supreme Court. Ryan said the message sent is that if the state takes something over, the county needs to get the details in writing or the state will absorb the funds and kick the program back to the county's lap.

In June 2008, the Minnesota State Board of Public Defense decided to discontinue representation of parents, custodians and guardians in juvenile protection proceedings due to lack of resources to represent parents in such cases. In July 2008, the Crow Wing County Board voted not to pay for court-appointed counsel in juvenile protection proceedings.

Between November 2007 and October 2008, Crow Wing County filed child-protection petitions in the three cases and in each case the indigent parents petitioned for representation and the district court appointed private counsel.

After the county refused to pay the appointed attorney invoices, arguing that the district court must appoint a public defender to represent the indigent parents, the district court held the county auditor and county commissioners in civil contempt.

The county appealed but the Minnesota Supreme Court in a May 14 decision, written by Chief Justice Eric Magnuson, sided with the district court, stating the district court wasn't in error in appointing private counsel rather than public defenders for the indigent parents in the three juvenile protection cases and for holding Crow Wing County in contempt when the county refused to pay the attorney fees.

"Parents, although entitled by statute to representation by counsel during juvenile protection proceedings, are not entitled as a matter of right to the appointment of a public defender, and the district court is free to appoint private counsel to represent indigent parents of children involved in juvenile protection proceedings," Magnuson wrote.

The Minnesota Supreme Court's ruling concluded that the Legislature intended for counties to be responsible for paying for private counsel appointed for the parents, as provided by statute.

"We are sympathetic to the counties' financial conditions and to the additional burden that representation of indigent parents in juvenile protection cases will place on counties already facing budget shortfalls," Magnuson wrote. "However, our task here is limited to interpreting the statutory scheme as enacted by the Legislature. The Legislature has given parents the right to effective assistance of counsel in juvenile protection cases and made the cost of that representation an obligation of the counties."

RENEE RICHARDSON may be reached at renee.richardson@brainerddispatch.com or 855-5852.

MATT ERICKSON may be reached at matt.erickson@brainerddispatch.com or 855-5857.