Article IV. Post-Hearing Procedures; Miscellaneous Provisions

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Rule 36: Appeals.

(a) De Novo Appeal. Appeals may be taken in accordance with T.C.A. § 37-1-159.

(b) Right to an Attorney. Right to an attorney at all stages of the proceedings shall include the right to an attorney in an appeal.

(c) Notification of Right to Appeal in Delinquent and Unruly Cases. At the dispositional hearing on a petition alleging delinquent or unruly conduct, whether before the magistrate or judge and whether on a plea of guilty or not guilty, if the respondent is found guilty, he or she shall be informed of the right to appeal, the time limit for appeal, the manner in which to perfect an appeal, and the right to an appointed attorney on appeal if indigent.

(d) Notification, Generally.  In all other dispositional proceedings, the judge should notify all parties of their right to appeal and of the time limits for and manner of perfecting an appeal.

(e) Filing.  An appeal may be perfected by filing a notice of appeal with the clerk of the juvenile court, within ten (10) days, excluding non-judicial days, of the entry of the order of final disposition. When an appeal has been perfected, the clerk shall cause the entire record in the case, including the juvenile court's findings and written reports from probation officers, court employees or professional consultants, to be taken forthwith to the circuit court, where the case shall be set for a hearing in accordance with T.C.A. § 37-1-159.

[As amended by order entered January 31, 1984, effective July 1, 1984; and by order filed January 13, 2012, effective July 1, 2012.]

Advisory Commission Comments.

Appeals which may be taken under T.C.A. § 37-1-159 include appeals of orders revoking probation or terminating home placement, both of which may be considered “final dispositions”of children, as that section requires.

 This rule requires that the juvenile court judge or magistrate inform any child found guilty of a delinquent or unruly offense of the right to appeal, etc., in subsection (c). Failure to so inform such a child may entitle the child to file a delayed appeal under the Juvenile Post Commitment Procedures Act, at T.C.A. § 37-1-319. Subsection (d), while not mandatory, indicates the committee's strong intent that such notifications take place in all cases, both in the interest of informing parties of their rights, and in the interest of preserving the finality of judgments by avoiding any occasion for a writ of certiorari on the basis that a party was not so informed at the hearing or was without fault in being unaware of the right to appeal.

 The constitutional prohibition against being placed twice in jeopardy for the same offense precludes the state from seeking de novo appeal in a delinquent or unruly case which has been dismissed following a hearing on the merits. For further discussion of this issue see the comment to Rule 4.

Advisory Commission Comments [2012].

The 2012 amendment substitutes, in paragraph (c) of the rule and in the original Advisory Commission Comments, the term “magistrate” for the term “referee,” consistent with statutory changes enacted by the General Assembly.

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