Opinion
No. 04-14-00193-CV
05-28-2014
IN THE INTEREST OF A.N., A CHILD
From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-PA-01412
Honorable Charles E. Montemayor, Judge Presiding
ORDER
Appellant is appealing the trial court's termination of her parental rights. Appellant's court-appointed attorney has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. In In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio May 21, 2003, order), we held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill his ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In compliance with the procedure set out in Anders, appellant's attorney has informed appellant of the right to file her own brief. Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). The State has filed a letter waiving its right to file an appellee's brief unless the appellant files a pro se brief.
If appellant desires to file a pro se brief, she must do so within twenty (20) days from the date of this order. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant's pro se brief is filed in this court. The motion to withdraw filed by appellant's counsel is HELD IN ABEYANCE pending further order of the court.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of May, 2014.
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Keith E. Hottle
Clerk of Court