#### Willie MENZIES v. ARKANSAS DEPARTMENT of HUMAN SERVICES

CA 03-1237

168 S.W.3d 1

Supreme Court of Arkansas

Opinion delivered May 13, 2004

Appellant, pro se.

No response.

Per Curiam.

Willie Clay Menzies filed a pro se motion in iam. for appointment of counsel to prosecute his appeal from a decision ofjefferson County Circuit Court terminating his parental rights. Mr. Menzies asserts that he is unable to afford counsel, that his access to legal material is limited, and that he lacks the necessary knowledge to proceed.

We remand this matter to the Jefferson County Circuit Court for a determination ofMr. Menzies’s constitutional rights to counsel on appeal, including such rights as discussed in Bearden v. D.H.S., 344 Ark. 317, 42 S.W.3d 397 (2001); Lassiter v. D.H.S., 452 U.S. 18 (1981), as well as any rights he may have under statute. Should the circuit court agree with Mr. Menzies, counsel should be appointed by the circuit court.

It is so ordered.

Glaze and Imber, JJ., dissent.

Annabelle Clinton Imber, Justice,

dissenting. In my ustice, court, should decide whether we are required by law to appoint counsel to represent an indigent appellant in his or her appeal from a circuit court’s decision to terminate parental rights.

Glaze, J., joins.