Counsel for Respondent mother in abuse and neglect proceedings moved for leave to withdraw under U.S. Supreme Court's 1987 decision in Pennsylvania v. Finley, based on conclusion that there are no meritorious issues raised in appeal. The U.S. Supreme Court's 1967 decision in Anders v. California, and not the Finley decision, provides the correct procedure where counsel seeks to withdraw from representation on direct appeal from orders affecting parental rights under Juvenile Court Act. Anders decision applies because it puts indigent appellants on same footing as those able to afford private counsel. After review of record and counsel's brief, appellate court finds no issues of arguable merit and thus grants motion to withdraw. (NEVILLE and PI(ERCE, concurring.)
Illinois Appellate Court
Civil Court
Abuse and Neglect