State of Utah, in the interest of A.Z.

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State of Utah, in the interest of A.Z., a person under eighteen years of age, Case No. 20010340-CA, Filed October 25, 2001 IN THE UTAH COURT OF APPEALS


State of Utah, in the interest of A.Z.,
a person under eighteen years of age.



State of Utah,

(Not For Official Publication)

Case No. 20010340-CA

October 25, 2001 2001 UT App 320 -----

Third District Juvenile, Salt Lake Department
The Honorable Kimberly K. Hornak

Julie George, Salt Lake City, for Appellant
Mark L. Shurtleff and John Peterson, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem -----

Before Judges Billings, Davis, and Thorne.


Appellant J.Z. appeals the order terminating his parental rights. Appellant's appointed counsel filed an Anders-type brief pursuant to In re D.C., 963 P.2d 761 (Utah Ct. App. 1998). The brief satisfies the requirements set forth in that case. Counsel further certified that she provided J.Z. with a copy of the proposed Anders-type brief.(1) Based upon our examination of the record of all proceedings in the juvenile court, we determine the appeal is wholly frivolous.

Accordingly, we affirm the juvenile court's order terminating J.Z.'s parental rights and grant counsel's motion to withdraw.

Judith M. Billings, Judge

James Z. Davis, Judge

William A. Thorne, Jr., Judge

1. Counsel sought an extension to allow J.Z. to file a response directly with the court, although counsel was advised in State v. Wells, 2000 UT App 304,¶10, 13 P.3d 1056, that this procedure does not comply with case law requiring counsel to provide the proposed brief to the client allowing enough time for counsel to incorporate any response before filing the brief. Wells was issued roughly eight months before counsel filed the brief in this case. Because there is no indication that J.Z. sought to file a response, we deem counsel's error to be harmless under the circumstances.