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Docket Nos. 95746, 97947 cons.-Agenda 20-September 2004.

In re ADOPTION OF L.T.M. (Jo Ellen J. et al., Appellees, v. John
M., Appellant-Ellen Jenkins Curry, Appellee, v. The County of
Franklin, Appellant).

Opinion filed January 21, 2005.
 

JUSTICE GARMAN delivered the opinion of the court:

In the underlying case, No. 95746, John M. appeals the circuitcourt's finding that he is an unfit parent, as defined by section 1(D)(b)of the Adoption Act (750 ILCS 50/1(D)(b) (West 2000)), as to hisson, L.T.M. Based on that finding, on September 27, 2002, the circuitcourt entered a judgment of adoption that terminated John's parentalrights. John appealed first to the appellate court, where he moved,inter alia, for appointment of counsel and for a certified copy of theentire record. The appellate court denied both motions. Subsequently,on January 29, 2003, the appellate court dismissed John's appeal forwant of prosecution, based on his failure to file the record on appeal.John then filed a petition for leave to appeal, which we allowed. OnAugust 26, 2003, we allowed John's motion for stay of adoptionpending appeal.

The consolidated case, No. 97947, arises from this court's order,entered July 8, 2003, which directed the circuit court of FranklinCounty to appoint counsel for John. The circuit court appointedattorney Ellen Jenkins Curry. Curry prepared and filed John's brief inNo. 95746, and then petitioned the circuit court for approval ofattorney fees. Franklin County, by State's Attorney William K.Richardson, entered a limited appearance and objected to the feepetition. After a hearing, the circuit entered an order on November 7,2003, requiring Franklin County to pay Curry fees and costs to datein the amount of $6,153.94. The County filed a notice of appeal and,subsequently, filed a motion for leave to appeal directly to this court,which we allowed and consolidated with No. 95746.

BACKGROUND

The following description of the facts in the underlying adoptioncase is based primarily on the testimony at the hearing preceding thejudgment of adoption from which John appeals. Some facts are drawnfrom transcripts and orders in other proceedings involving John, whichhave been made part of the record in this case.

L.T.M. was born on December 28, 1989. He was the secondchild born to John and Jo Ellen E., now known as Jo Ellen J. The firstchild, D.M., a daughter, is not involved in this appeal. John and JoEllen were never married. They did not live together at any time afterL.T.M. was born. L.T.M. has always lived with Jo Ellen and has neverlived with John. The record further indicates that at some time Johnwas married to one Kelly M., that the marriage has been dissolved,and that Kelly has adopted D.M. The record does not provide datesfor these events.

Jo Ellen went to work when L.T.M. was about 3