Opinion
No. 04-15-00358-CR No. 04-15-00359-CR
02-23-2016
Margaret Jane GRIFFITH, Appellant v. The STATE of Texas, Appellee
From the 198th Judicial District Court, Kerr County, Texas
Trial Court No. B09-09 & B08-578
Honorable M. Rex Emerson, Judge Presiding
ORDER
After Appellant Margaret Jane Griffith's court-appointed counsel filed an Anders brief, Griffith elected to file a pro se brief. On February 18, 2016, an "Appellant's Brief Pro se" was filed on behalf of Griffith by a third party who is not licensed to practice law in Texas. See TEX. GOV'T CODE ANN. § 81.101 (West 2013) (defining the practice of law as including "the preparation of a pleading or other document incident to an action . . . on behalf of a client . . . [and] including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing [an appellate brief]"); Jimison by Parker v. Mann, 957 S.W.2d 860, 861 (Tex. App.—Amarillo 1997) (per curiam) ("By drafting, signing, and filing the [appellate] brief . . . under his own name, [the third party] is practicing law.").
Further, the brief was not signed by Appellant. Contra TEX. R. APP. P. 9.1(b) ("A party not represented by counsel must sign any document that the party files and give the party's mailing address, telephone number, fax number, if any, and email address.").
On February 22, 2016, the State filed a motion to strike Appellant's brief. The State's motion is GRANTED.
We STRIKE Appellant's brief without prejudice to her filing a pro se brief under her own name, signed by her, and otherwise compliant with the applicable rules. See, e.g., TEX. R. APP. P. 38.1. If Appellant chooses to file a pro se brief, she must file it within THIRTY DAYS of the date of this order. If Appellant fails to file a brief as ordered, this appeal may be submitted without a pro se brief.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23 rd day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court