Opinion
01-24-00568-CV 01-24-00569-CV
12-13-2024
In the matter of D. T.
314th District Court of Harris County, Nos. 2023-01530J and 2023-01416J
ORDER
Richard Hightower, Judge
These are appeals from juvenile court orders to waive jurisdiction. The Family Code accelerates the final disposition of an appeal from a juvenile court's order waiving jurisdiction and transferring the child to district court for prosecution as an adult. See In re D.J.M., No. 03-18-00476-CV, 2018 WL 4346875, at *1 (Tex. App.-Austin Sept. 11, 2018, no pet.) (citing TEX. FAM. CODE ANN. § 54.02; Misc. Docket No. 15-9156 (Tex. Aug. 28, 2015). Thus, these appeals are governed by the Texas Rules of Appellate Procedure applicable to accelerated appeals and the Texas Supreme Court has ordered that a court of appeals should bring these cases to final disposition within 180 days of the filing of the notice of appeal. See D.J.M., 2018 WL 4346875, at *1.
The deadline for final disposition of these appeals is January 22, 2025. Appellant's brief was originally due on August 28, 2024. Appellant did not file a brief but requested an extension which the Court granted until September 5, 2024, stating that no further extensions would be granted absent a showing of extraordinary circumstances. Again, appellant did not file a brief but requested a second extension, which the court granted until October 7, 2024, stating that no further extensions would be granted. Counsel filed a third request for extension, asking for a 30-day extension despite the Court's warning that no further extensions would be granted. On October 15, 2024, the Court issued an order denying the third motion for extension and ordering counsel to file a brief within ten days or the Court might abate the appeal and remand for a hearing. No brief was filed. "A juvenile in a delinquency case is entitled to representation by counsel at every stage of the proceedings, including appeal." See In re X.M., No. 07-19-00046-CV, 2019 WL 2608947, at *1 (Tex. App.-Amarillo June 25, 2019, abatement order) (mem. order). This right includes the right to effective assistance of counsel. See id.
No brief was filed and the Court abated the appeal and remanded to the trial court. The trial court found that counsel had not abandoned the appeal and ordered counsel to file a brief by November 22, 2024, almost three months from the date the brief was originally due. Counsel filed appellant's brief on November 22, 2024. Then, inexplicably, another brief was filed on December 5, 2024. This second brief was tendered without a motion for leave or any explanation for its filing. Although the Court may permit amendment of a brief "whenever justice requires, on whatever reasonable terms the court may prescribe," appellant did not request permission to amend appellant's brief and did not advise the Court the reason for tendering a second brief.
The brief tendered on December 5, 2024 is stricken. The State's brief was due on December 12, 2024, but the confusion concerning the second brief requires the Court to extend the deadline for filing the State's brief until December 30, 2024. No further extensions will be granted.
It is so ORDERED.