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Arete Nicole Rudolph v. City of Newport News Department of Human Services
0629161
Va. Ct. App. U
Dec 20, 2016
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Background

  • DHS social workers filed form petitions in JDR court on behalf of the local department seeking emergency removal, foster-care review, permanency planning, and termination of parental rights for two children; the petitions were signed by nonattorney DHS employees and filed by the intake officer.
  • JDR court entered emergency removal orders, dispositional and permanency planning orders (eventually approving adoption), and later entered orders terminating the parents’ residual parental rights after hearings.
  • Appellants (parents) appealed the permanency planning and termination orders to the circuit court and moved to dismiss, arguing the petitions were invalid because nonlawyers signed them, constituting the unauthorized practice of law and depriving the courts of active jurisdiction.
  • The circuit court rejected the jurisdictional challenge and affirmed the JDR orders; appellants appealed to the Court of Appeals of Virginia.
  • The Court of Appeals considered statutory amendments (2008 and 2016) and an Attorney General opinion that permit designated nonattorney social services employees to complete, sign, and file certain Supreme Court–approved juvenile forms, concluding the legislature intended to validate such filings (including prior filings).

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether form petitions signed by nonattorney DHS employees in JDR court constituted the unauthorized practice of law and invalidated pleadings, depriving courts of active jurisdiction Rudolph/Bartlett: Nonlawyer signatures rendered pleadings a nullity; courts lacked active jurisdiction to decide merits DHS/City: Statutes, AG opinion, and legislative amendments permit designated nonattorney social services employees to sign specified Supreme Court–approved juvenile forms; filings are valid Held: Form petitions signed by designated nonattorney DHS employees were valid and did not constitute unauthorized practice of law; courts retained active jurisdiction and judgments affirmed

Key Cases Cited

  • Rusty’s Welding Serv., Inc. v. Gibson, 29 Va. App. 119 (Va. Ct. App. 1999) (standard of review for legal questions on appeal)
  • Beck v. Shelton, 267 Va. 482 (Va. 2004) (Attorney General opinions entitled to due consideration)
  • Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157 (Va. 1983) (legislative acquiescence inferred from failure to amend statute after Attorney General opinion)
  • Aguilera v. Christian, 280 Va. 486 (Va. 2010) (nullity rule for pleadings signed by nonlawyers and recognition of statutory exceptions)
  • Patterson v. Commonwealth, 62 Va. App. 488 (Va. Ct. App. 2013) (courts must avoid statutory interpretations contrary to clear legislative intent)
  • Saunders v. Commonwealth, 56 Va. App. 139 (Va. Ct. App. 2010) (same principle on statutory interpretation)
Read the full case

Case Details

Case Name: Arete Nicole Rudolph v. City of Newport News Department of Human Services
Court Name: Virginia Court of Appeals - Unpublished
Date Published: Dec 20, 2016
Docket Number: 0629161
Court Abbreviation: Va. Ct. App. U