Opinion
04-23-01090-CV
03-21-2024
IN THE INTEREST OF A.J.S., A.B.S., A.R.C., & A.N.M., Children
Joe D. Gonzales Bexar County District Attorney,Jacqueline Flores Children's Court. Joseph Acevedo Attorney at Law, Elva Chapa Official Court Reporter-Family Law Court Bexar County Courthouse
From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2022PA00652 Honorable Charles E. Montemayor, Judge Presiding.
Joe D. Gonzales Bexar County District Attorney,Jacqueline Flores Children's Court.
Joseph Acevedo Attorney at Law, Elva Chapa Official Court Reporter-Family Law Court Bexar County Courthouse
REBECA C. MARTINEZ, CHIEF JUSTICE, PATRICIA O. ALVAREZ, LUZ ELENA D. CHAPA, IRENE RIOS, BETH WATKINS, LIZA A. RODRIGUEZ, LORI I. VALENZUELA JUSTICES.
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
ORDER
PER CURIAM
This is an accelerated appeal from a final order terminating appellant's parental rights which must be disposed of by this court within 180 days of the date the notice of appeal was filed. See Tex. R. Jud. Admin. 6.2.
Appellant's brief was originally due on February 13, 2024. On February 26, 2024, we ordered appellant's court-appointed counsel, Mr. Gerald Uretsky, to file the appellant's brief on or before March 18, 2024. In response, Mr. Uretsky provided the clerk of this court with emails between him and the trial court coordinator indicating it was Mr. Uretsky's belief that he is not counsel of record for this appeal because either Mr. Joseph Acevedo was retained as substitute counsel or appellant would pursue the appeal pro se. It is unclear whether appellant is indigent, desires to pursue her appeal, or is currently represented by counsel.
We therefore abate this case to the trial court and ORDER the trial court to conduct a hearing on whether appellant is represented by appellate counsel and, if necessary, to appoint appellate counsel to represent appellant. See Tex. Fam. Code Ann. § 107.013(a)(1), (e) (providing the court shall appoint counsel to represent an indigent parent in a suit wherein a government entity seeks termination of that parent's parental rights); id. § 107.016(2)(B), (C) ("[A]n attorney appointed under this subchapter to serve as an attorney ad litem for a parent . . . continues to serve in that capacity until the earliest of: . . . (B) the date all appeals in relation to a final order terminating parental rights are exhausted or waived; or (C) the date the attorney is relieved of the attorney's duties or replaced by another attorney after a finding of good cause is rendered by the court on the record.").
The hearing should answer the following questions:
(1) Does appellant desire to prosecute her appeal?
(2) Is appellant indigent?
(a) If appellant is indigent, the trial court shall take such measures as may be necessary to assure the effective assistance of counsel, which may include the appointment of new counsel.
(b) If the trial court finds that appellant is not indigent, the trial court should determine whether appellant has made the necessary arrangements for filing a brief.
The trial court may, in its discretion, receive evidence on these questions by sworn affidavit from appellant. Because it is unclear whether Mr. Joseph Acevedo or Mr. Gerald Uretsky represent appellant in this appeal, the trial court shall order Mr. Acevedo and Mr. Uretsky to be present at the hearing.
We ORDER the trial court to file written findings of fact and conclusions of law-regarding the hearing concerning appellate counsel-or an order appointing new counsel with the trial court clerk no later than April 10, 2024. We further ORDER the trial court clerk to file a supplemental clerk's record in this court no later than ten days after the trial court files its findings of fact and conclusions of law or order appointing appellate counsel. We further ORDER the court reporter to file in this court a supplemental reporter's record of the hearing no later than ten days after the date of the hearing.
All other appellate deadlines are HELD IN ABEYANCE pending further order of the court.
It is so ORDERED.