IN RE WELFARE OF S.L.J.

No. A09-80.

782 N.W.2d 549 (2010)

In the Matter of the WELFARE OF the Child of S.L.J., Parent.

Supreme Court of Minnesota.

May 14, 2010.


Attorney(s) appearing for the Case

G. Paul Beaumaster, Rice County Attorney, Benjamin Bejar, Assistant Rice County Attorney, Faribault, MN, for appellant Rice County.

Grant D. Sanders, Sanders & Co., Ltd., Faribault, MN, pro se respondent.

Kathleen Heaney, Sherburne County Attorney, Arden Fritz, Assistant Sherburne County Attorney, Elk River, MN, for amicus curiae Minnesota County Attorneys Association.

John A. Tuma, Northfield, MN, for amicus curiae Minnesota Inter-County Association.

John L. Fossum, Fossum Law Office, LLC, Northfield, MN, for amicus curiae Minnesota Association of Criminal Defense Lawyers.

Janet C. Werness, St. Paul, MN, for amicus curiae Southern Minnesota Regional Legal Services.

Bradford S. Delapena, Assistant State Public Defender, St. Paul, MN, for amicus curiae Minnesota State Public Defender.


OPINION

MAGNUSON, Chief Justice.

We are asked to decide whether the district court erred in appointing private counsel at county expense, rather than a public defender at state expense, for the parent in this juvenile-protection case, who must be provided counsel under the federal Indian Child Welfare Act, 25 U.S.C. § 1912(b) (2006). The court of appeals affirmed the appointment of private counsel for the parent in this case and further held that the...

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