In re the Guardianship of S.C.
In re the Guardianship of S.C.
Opinion of the Court
The opinion of the court was delivered by
Appellant Community Health Law Project appeals from an order of the Chancery Division, Family Part, that imposed on it the cost of transcribing the trial testimony for the appeal in the above entitled termination of parental rights case which it prosecuted as attorney for L.C.
Briefly, L.C., the natural mother of S.C., appealed from the judgment of the Chancery Division, Family Part, that (1) terminated her parental rights and those of A.V. with respect to her minor child S.C.; (2) placed S.C. in the guardianship and control of respondent New Jersey Division of Youth and Family Services (Division) for all purposes, including placement for adoption; (3) denied her motion for birthday visitation and unsupervised contact with S.C., and (4) directed the immediate cessation of visitation between her, A.V. and S.C., except for one last visit at the Division office. While the appeal was pending, L.C. moved for the waiver of transcript costs. The Division filed a cross-motion for an order denying such costs and setting a conference to specify the legal issues and establish a briefing schedule prior to the production of the requested transcript. The Division argued that the appeal could be determined without reference to the transcript since the issues raised by L.C. could be disposed of as a matter of law. We held L.C/s motion for a free transcript in abeyance pending conclusion of a management conference, which we ordered to be held before Judge Seidman, the Supervising Judge of the Civil Appeals Settlement Program. We also directed that Judge Seidman narrow the legal issues, set a briefing schedule and determine the necessity of the transcript. We reserved decision on who should bear the costs of the transcript pending the outcome of that conference.
Based on counsel’s representations, we ordered the Clerk of the Appellate Division to send the audio tapes of the trial court proceedings to the transcribing service for transcription in accordance with Supreme Court Directive No. 9-89, dated September 20, 1989, and entitled “Appeals from Family Division— Appellate Custody and Termination System (ACTS).” We further directed that after the merits of the appeal were decided, the issue concerning who should reimburse the Administrative Office of the Courts for payment of the transcript would be determined by this court or remanded to the trial court for determination pursuant to said directive.
Thereafter, the numerous issues raised on appeal were briefed and argued, and we subsequently issued a written
Pursuant to our mandate, the trial court on remand held that there was no provision in law or basis in fact to require the Division to pay the costs of the transcript and ordered the Community Health Law Project to reimburse the Administrative Office of the Courts for the costs incurred in preparing the trial transcript in this matter. The Community Health Law Project appeals, and we now reverse.
We are satisfied that proper appellate review of the issues raised on this appeal on behalf of L.C. could not have been accomplished without a review of a full and complete transcript of the trial testimony. The trial transcript was an integral part of the record on appeal and afforded us — the reviewing court— a basis for a complete and proper analysis of all of the issues before us. The transcript of the trial testimony was necessary
Accordingly, the order under review is reversed, and the Division is directed to reimburse the Administrative Office of the Courts for the costs of the transcript of the trial testimony in this matter.
In reaching our decision to impose the costs of the trial transcript on the ' Division, we are not unmindful of the fact that the Supreme Court Directive No. 9-89, which requires the Clerk of the Appellate Division to send immediately the audio tapes of the proceedings in the trial court in matters involving the termination of parental rights to an appropriate transcribing service for transcription, precludes the opportunity of the Division to apply to the trial court for a determination as to whether the grounds for appeal can be fully considered without a full transcript and the matter submitted in accordance with the procedures set forth in In re Guardianship of Dotson, supra, 72 N.J. at 117-18, 367 A.2d 1160 and R. 2:5 — 3(f). See also Pressler, Current N.J. Court Rules, comment 6 on R. 2:5-3 (1992).
Reference
- Full Case Name
- IN THE MATTER OF THE GUARDIANSHIP OF S.C.
- Cited By
- 2 cases
- Status
- Published