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INTEREST OF D.M.D., a child State of North Dakota, Petitioner and Appellee v. D.M.D., a child, J.A., biological father, K.D., legal father, and Emily Simmons, Guardian Ad Litem, Respondents J.M.D., mother, Respondent and Appellant
[¶1] J.M.D. appeals from orders finding and affirming aggravating circumstances and ending services to J.M.D. The juvenile court’s finding of aggravated circumstances was not clearly erroneous. We affirm under N.D.R.App.P. 35.1(a)(2),(7).
[¶2] J.M.D. argues her due process rights were violated because she was incarcerated and was unable to appear at the initial hearing. J.M.D. was represented by counsel and counsel did not raise the issue to the juvenile court that J.M.D.’s due process rights were violated. J.M.D. did not preserve the issue for appeal. “[I]ssues not raised in juvenile court, even constitutional issues, generally will not be addressed on appeal.” In the Interest of T.T., 2004 ND 138, ¶ 8, 681 N.W.2d 779.
[¶3] J.M.D. also argues her ability to be represented at the hearing was impacted when counsel moved to withdraw. Counsel moved to withdraw during the hearing and J.M.D. did not object to the requested withdrawal or request another attorney be appointed. J.M.D. has not properly preserved the issue for appeal. Issues not raised in the lower court cannot generally be raised for the first time on appeal. State v. Dockter, 2019 ND 203, ¶ 8, 932 N.W.2d 98. We summarily affirm under N.D.R.App.P. 35.1(a)(2),(7).
Per Curiam.
[¶4] Jon J. Jensen, C.J. Lisa Fair McEvers Gerald W. VandeWalle Jerod E. Tufte Steven Marquart, D.J.[¶5] The Honorable Steven Marquart, D.J., sitting in place of Crothers, J., disqualified.
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Docket No: No. 20190299
Decided: March 04, 2020
Court: Supreme Court of North Dakota.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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Enter information in one or both fields (Required)