Junious P. Bartlett v. City of Newport News Department of Human Services
0524161
Va. Ct. App.Dec 20, 2016Background
- DHS filed emergency removal petitions and later permanency and termination petitions for two children in JDR court; petitions were signed by nonlawyer DHS employees (social workers).
- JDR court entered removal, dispositional, permanency, and termination orders; appellants (parents) appealed to the circuit court.
- Appellants moved to dismiss in circuit court, arguing pleadings signed by nonattorney DHS employees constituted unauthorized practice of law and deprived the courts of active jurisdiction.
- Circuit court denied the motions and affirmed the JDR orders; appeals to the Court of Appeals of Virginia were consolidated.
- The Court of Appeals analyzed statutory amendments and an Attorney General opinion, concluding the legislature intended to permit designated nonattorney local DSS employees to sign certain Supreme Court–approved form petitions.
- Court affirmed: form petitions signed by DHS employees were valid and did not divest the juvenile court or circuit court of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether form petitions signed by nonattorney DHS employees constituted unauthorized practice of law and voided jurisdiction | Rudolph/Bartlett: Nonlawyer signatures render pleadings nullities and deprive courts of active jurisdiction | DHS: Statutory scheme, AG opinion, and legislative amendments authorize designated nonattorney employees to sign approved form petitions | Held: Nonattorney DHS employees may sign Supreme Court–approved form petitions; pleadings were valid and courts retained jurisdiction |
Key Cases Cited
- Rusty’s Welding Serv., Inc. v. Gibson, 29 Va. App. 119 (appellate review of legal questions) (review standard referenced)
- Beck v. Shelton, 267 Va. 482 (Attorney General opinions entitled to due consideration)
- Browning-Ferris, Inc. v. Commonwealth, 225 Va. 157 (legislative acquiescence to AG interpretations)
- Aguilera v. Christian, 280 Va. 486 (nullity rule for pleadings signed by nonlawyers; statutory exception recognized)
- Patterson v. Commonwealth, 62 Va. App. 488 (statutes must be construed to effect legislative intent)
- Saunders v. Commonwealth, 56 Va. App. 139 (statutory interpretation principles)