IN RE C.M.

No. 2011-647.

48 A.3d 942 (2012)

163 N.H. 768

In re C.M. and another.

Supreme Court of New Hampshire.

Opinion Issued: June 29, 2012.


Attorney(s) appearing for the Case

Elliott, Jasper, Auten, Shklar, & Wellman-Ally, of Newport ( Michael Shklar on the brief and orally), and New Hampshire Legal Assistance, of Manchester ( Elliott Berry on the brief), for Larry M. and Sonia M.

Michael A. Delaney , attorney general ( Jeanne P. Herrick , attorney, on the brief and orally), for New Hampshire Division for Children, Youth and Families.

Wiggin & Nourie, P.A., of Manchester ( Doreen F. Connor on the brief), and Nutter McClennen & Fish LLP, of Boston, Massachusetts ( Heather B. Repicky on the brief), and American Bar Association, of Chicago, Illinois ( William T. Robinson III on the brief), for the American Bar Association, as amicus curiae.

Vivek S. Sankaran , of Ann Arbor, Michigan, and Tracy A. Bernson , of Dover, by brief, for the National Association of Counsel for Children, as amicus curiae.

Crusco Law Office PLLC, of Bedford ( Kysa Crusco on the brief), and Public Justice Center, of Baltimore, Maryland ( John Pollock on the brief), for the National Coalition for a Civil Right to Counsel, as amicus curiae.

Law Offices of Laura J. Brevitz, of Raymond ( Laura J. Brevitz on the brief), as amicus curiae.


HICKS, J.

This case is before us on an interlocutory transfer without ruling from the Superior Court (Tucker, J.). See Sup.Ct. R. 9. The trial court transferred the following question: "Does the Due Process Clause of the New Hampshire Constitution (Part I, Articles 2 and 15) or the Fourteenth Amendment of the Federal Constitution require the appointment of counsel for an indigent parent from whom the State seeks to take custody of a minor child based...

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