State of North Dakota, Petitioner and Appellee v. R.M-Z., Father, Respondent and Appellant (2019)

Supreme Court of North Dakota.

In the INTEREST OF G.D-M., a child State of North Dakota, Petitioner and Appellee v. G.D-M., Child; C.D., Mother; Barb Oliger, Guardian ad Litem; Executive Director ND DHS, Respondents R.M-Z., Father, Respondent and Appellant

In the Interest of A.D-M., a child State of North Dakota, Petitioner and Appellee v. A.D-M., Child; C.D., Mother; Barb Oliger, Guardian ad Litem; Executive Director ND DHS, Respondents R.M-Z., Father, Respondent and Appellant

No. 20190232, No. 20190233

Decided: October 03, 2019

Benjamin Pulkrabek, Mandan, ND, for respondent and appellant; submitted on brief. Tessa Vaagen and Mary Melech, Assistant State’s Attorneys, Bismarck, ND, for petitioner and appellee; submitted on brief.

[¶1] R.M-Z., the father of G.D-M. and A.D-M., appeals from orders terminating his parental rights to the children. R.M-Z. argues he received ineffective assistance of counsel from his trial attorney and the evidence was insufficient to establish he did not want to attend the trial. Because the face of the record does not establish that his counsel was ineffective under the guidelines set forth in Interest of K.L., 2008 ND 131, ¶ 31, 751 N.W.2d 677, and the evidence is sufficient to support the judicial referee’s decisions, we summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7).

Per Curiam.

[¶2] Gerald W. VandeWalle, C.J. Daniel J. Crothers Jerod E. Tufte Jon J. Jensen Lisa Fair McEvers