Opinion
NUMBER 13-18-00387-CV
07-27-2018
IN THE INTEREST OF H.M.P., A MINOR CHILD
On appeal from the 25th District Court of Lavaca County, Texas
ORDER ABATING APPEAL
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Order Per Curiam
Appellant's appointed counsel filed an motion to withdraw on July 25, 2018 stating that the appellant does not wish to be represented on appeal by an attorney and wishes to proceed pro se. Parental termination cases are akin to criminal cases and therefore, before a parent is permitted to represent herself, we require that a record showing the parent was informed by the trial court of the requirements and risks involved in pro se representation and wishes to proceed should be created. See In re C.L.S., 403 S.W.3d 15, 19-22 (Tex. App.—Houston [1st Dist.] 2012, pet. ref'd).
The Court, having considered these matters and the appellant's apparent desire to proceed on appeal without the benefit of counsel, is of the opinion that the appeal should be abated in accordance with Hubbard v. State, 739 S.W.2d 341 (Tex. Crim. App. 1987). Accordingly, we ABATE the appeal and REMAND the case to the trial court.
The trial court is ordered to immediately cause notice to be given and conduct a hearing to determine if appellant should proceed pro se, and if not, whether appellant's appointed counsel should remain as appointed counsel in this case or whether appellant is entitled to new appointed counsel. The trial court is required to make the appellant aware of the dangers and disadvantages of self-representation and to develop evidence regarding whether appellant's apparent decision to relinquish the benefits associated with counsel and to proceed pro se is knowingly and intelligently made. In making its determination, the trial court should consider the best interests of appellant, the State, and the speedy and efficient administration of justice. See, e.g., Crawford v. State, 136 S.W.3d 417, 418 (Tex. App.—Corpus Christi 2004, per curiam order); Cormier v. State, 85 S.W.3d 496, 498 (Tex. App.—Houston [1st Dist.] 2002, no pet.) (per curiam order).
If the trial court determines that appellant waives her right to counsel and elects to proceed pro se, the court shall enter an order to that effect. If the trial court determines that there is no reason to discharge appellant's current appointed attorney and appoint substitute counsel, the court shall enter an order to that effect. If the trial court determines that new counsel should be appointed, the name, address, email address, telephone number, and state bar number of newly appointed counsel shall be included in the order appointing counsel. The trial court shall make and file appropriate findings of fact and conclusions of law with regard to these matters.
The trial court shall hold its hearing within ten days of the date of this order. The trial court shall include its order and its findings and conclusions in a supplemental clerk's record, and shall cause the hearing to be transcribed and included in a supplemental reporter's record. These records should be filed with the Clerk of this Court on or before the expiration of twenty days from the date of this order. If the trial court requires additional time to comply, the trial court should so notify the Clerk of this Court.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 27th day of July, 2018.