SADE C. CASES IN THE SIXTH DISTRICT
There will no longer be a compensation award for a Sade C. brief beyond a one page letter to the Court of Appeal stating that you have not found any issues to raise and that you request the Court to independently review the record. A Sade C. letter should no longer contain a history of the case and evidence. The unvarying practice of the Sixth District Court of Appeal in dismissing such cases without review has made it clear that providing a statement of the case and facts is not of any real benefit to the client.

Before filing a Sade C. letter, you should write a letter to the client outlining the factual and procedural history of the case, any potential issues that you considered, and why there does not appear to be grounds for relief. Your description of the case should not be as long as a statement of case and facts. Your letter, however should demonstrate to the client that you have taken the case seriously and you understand the major events which led to the court’s order. You should also explain to the client that a Sade C. brief will most likely result in a dismissal of the appeal. Further, the client should be informed that so far the Court of Appeal has permitted appellants in dependency cases to proceed in pro per. Unlike a Wende case, the Court will not consider a letter from a party represented by counsel in a dependency case. Thus, the only opportunity for the client to try to raise issues in the Court of Appeal would be for counsel to move to withdraw before any brief is filed.

Except in a conflict case, attorneys should send all letters to SDAP that were received from and sent to the client. This is especially true for a letter in which you explain that you believe there are no issues. Your description of the case and the issues considered assists the staff attorney who reviews the record.