News from the Director

Abandonments by Minors in Delinquency Cases
March 31, 2003

In delinquency appeals, the court has some concern about an appealing minor abandoning his/her appeal. The court wants to ensure that the minor is doing so knowingly, and not just in response to a misconception or to pressure from family members or others. Accordingly, the court is expressing a preference that when a minor abandons an appeal, you submit:

- The abandonment form signed by the minor; and
- A declaration by you (the appellate attorney) that:

1. You have discussed the matter with the minor;

2. You believe the minor is making the decision knowingly;

3. You agree with the decision [or, at least, you do not disagree with the decision].

If you are in disagreement with the minor's decision to abandon, please discuss the matter with your FDAP buddy before filing the abandonment.


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