Appellate Judge Writes Dissent Based on Her Convictions

Usually when appellate judges write opinions, it is based on the facts or the law or sometimes even public policy. And appellate judges, like appellate lawyers, usually present their opinions in a very restrained fashion. So it was with great interest when I read the dissenting opinion by Judge Markey in In re COH. That case had a long history in the appellate courts, starting with an appeal of a juvenile guardianship and an adoption. In its opinion in the guardianship, the COA went into some detail about how the players in the system handled the completing adoption request of a grandmother and the foster parents. The COA reversed the trial court, and criticized how the grandmother was treated.

Based on its decision in the juvenile guardianship, the COA did not reach the adoption issue. The foster parents appealed and the Supreme Court issued an opinion reversing the COA and directing the COA to address the adoption issue. On remand, the COA majority opinion affirmed the trial court. What is most interesting is the short, but stern, dissenting opinion. While not a typical read of an appellate opinion, it is refreshing to see a judge stand up for their convictions when they believe an injustice has occurred.