Opinion
04-21-00240-CV
07-22-2022
INTEREST OF C.H., J.H., E.H., I.B.H., AND I.A.H.
From the 112th Judicial District Court, Sutton County, Texas Trial Court No. CV06287 Honorable Pedro (Pete) Gomez Jr., Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice, Luz Elena D. Chapa, Justice, Beth Watkins, Justice
ORDER
PER CURIAM.
On July 7, 2022, appointed trial counsel for appellant S.H. filed a motion to withdraw from representation because he is closing his private law practice. After consideration, we GRANT counsel's motion. See TEX. R. APP. P. 6.5. Because appellant is indigent, new appellate counsel must be appointed. See TEX. FAM. CODE ANN. § 107.013 (REQUIRING TRIAL COURT TO APPOINT COUNSEL TO REPRESENT INDIGENT PARENT IN PARENTAL TERMINATION CASE); In re K.S.M., 61 S.W.3d 632, 633 (Tex. App.-Tyler 2001, no pet.) ("Like indigent criminal appellants, indigent appellants challenging an order terminating their parental rights enjoy a right to counsel on appeal.").
Accordingly, we ORDER this appeal ABATED and REMANDED to the trial court for appointment of new appellate counsel for S.H. by July 29, 2022. See Duncan v. State, 653 S.W.2d 38, 40 (Tex. Crim. App. 1983) (holding that appellate courts may abate appeals so that trial court can assure appellant has effective assistance of counsel). We further ORDER the trial court clerk to file a supplemental clerk's record containing the trial court's order appointing new appellate counsel for S.H. in this court by August 5, 2022.
This is an accelerated appeal of the trial court's order terminating appellant's parental rights. The disposition of this appeal is governed by the standards set forth in Rule 6.2 of the Texas Rules of Judicial Administration. TEX. R. JUD. ADMIN. 6.2. ACCORDINGLY, THIS APPEAL IS REQUIRED TO BE BROUGHT TO FINAL DISPOSITION WITHIN 180 DAYS OF THE DATE THE NOTICE OF APPEAL IS FILED. Id. Given the time constraints governing the disposition of this appeal, no requests for extensions of time will be allowed.
It is so ORDERED.