In re Hall

In In re Hall, 188 Mich. App. 217; 469 N.W.2d 56 (1991), the trial court dismissed the mother's attorney from a dispositional review hearing after her attorney indicated that he did not know where his client was, he had not spoken to her in sixteen months, and he did not know "her wishes." Id. at 219. When asked to decide whether the trial court had a duty to appoint sua sponte an attorney for the mother, this Court concluded that a parent has "some minimum responsibility" to request and retain a court-appointed attorney because the court rule does not impose a duty on the court to act on its own initiative in this area. Id. at 222. Because the mother had effectively terminated her relationship with her attorney, dismissal was proper on the basis of waiver of the right to counsel. Moreover, the Court also determined that this dismissal was not an error requiring reversal because the testimony presented at that dispositional review hearing was repeated at the termination hearing, at which time the mother was again represented by counsel. Hall, 188 Mich. App. at 222-223