Opinion
10-23-00402-CV
01-26-2024
IN THE INTEREST OF C.H. AND I.P., CHILDREN
From the 77th District Court Limestone County, Texas Trial Court No. CPS-410-A
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ABATEMENT ORDER
PER CURIAM.
L.P's. and C.P.'s parental rights were terminated by order of the trial court. They both appealed. C.P.'s brief was originally due on January 4, 2024. When the brief was not filed and no motion for extension of time was received, the Clerk of this Court notified counsel for C.P. that a response was due to this Court on or before January 22, 2024. By the same letter, counsel was warned that unless a brief or satisfactory response was timely received, the Court would abate this appeal to the trial court to determine why the brief has not been filed and to assure that C.P. was receiving effective assistance of counsel. No brief or other response has been received and filed with the Court.
Time is of the essence in appeals of the termination of parental rights. Because counsel has failed to file a timely brief, has not requested an extension, and has further failed to respond to this Court's notice that the brief is late, this appeal is ABATED until further order of the Court, and remanded to the trial court to, within 7 days from the date of this Order, conduct a hearing to determine the reasons for appointed counsel's failure to comply with the rules of appellate procedure and this Court's notice. The trial court shall require current appointed counsel to file the brief by a date certain but no later than 14 days after the date of the hearing.
The Court recognizes that for reasons unknown to the Court, it might be unlikely or impossible for current appointed counsel to file the brief as ordered above. The Court also recognizes that only in rare instances may appointed counsel be removed over the objection of the client. See In re Fletcher, 584 S.W.3d 584, 589-590 (Tex. App.-Houston [1st Dist.] 2019, orig. proceeding). Should the trial court determine that it is unlikely or impossible for appointed counsel to be able to file the brief as required, the trial court may consider whether to appoint new or additional counsel in order to ensure that C.P. receives effective assistance of counsel on appeal.
Supplemental clerk's and reporter's records, if any, are due 21 days from the date of this Order.
Appeal abated.