Opinion
No. 10-19-00167-CV
10-01-2019
IN THE INTEREST OF O.S.S. AND L.L.S., CHILDREN
From the 52nd District Court Coryell County, Texas
Trial Court No. DC-17-46965
ABATEMENT ORDER
After Appellant's parental rights to her children, O.S.S. and L.L.S., were terminated following a bench trial, Appellant's appointed appellate counsel filed a notice of appeal. Subsequently, Appellant's counsel filed an Anders brief, asserting that he diligently reviewed the record and that, in his opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); In re E.L.Y., 69 S.W.3d 838, 841 (Tex. App.—Waco 2002, order) (applying Anders to termination appeal). Counsel further informed us that he served a copy of the brief and appellate record on Appellant and that he informed Appellant of her right to file a pro se response. We thereafter notified Appellant as follows:
Your attorney has filed a brief finding that your appeal is frivolous. You have a right to review the record from your trial and file a written response with this Court raising any issues which you think the Court should consider in deciding your appeal. Your attorney has already provided you with a copy of the record.
Accordingly, you have until September 20, 2019, to file a response to your attorney's brief or to file a motion requesting an extension of time in which to file your response.
Appellant has now filed a pro se motion requesting an extension of time of sixty days in which to file her response to the Anders brief. Appellant's motion explains: "I am asking for this extension in order to have another attorney assigned to assist me because I feel that [my currently appointed counsel] has overlooked serious legal and ethical actions that happened at my termination hearing on April, 26th, 2019."
Appellant's counsel has also filed a "Notice of Motion to Withdraw and Motion for Substitute Attorney," stating that he has filed with the clerk of the trial court a "Motion to Withdraw and Motion for Substitute Attorney." The motion to withdraw asserts that Appellant is unhappy with her legal representation and that Appellant therefore asks that she be appointed a new attorney.
We accordingly abate this cause to the trial court for a hearing to determine whether Appellant's currently appointed counsel should continue or whether there is "good cause" to allow Appellant's currently appointed counsel to withdraw and to appoint new counsel for Appellant. See TEX. FAM. CODE ANN. § 107.016. See generally In re P.M., 520 S.W.3d 24 (Tex. 2016).
Appeals in parental termination cases are accelerated appeals with extremely short deadlines promulgated by the Supreme Court of Texas. See TEX. R. APP. P. 28.4; TEX. R. JUD. ADMIN. 6.2(a), reprinted in TEX. GOV'T CODE ANN., tit. 2, subtit. F app. Therefore, the trial court shall conduct the hearing no later than 14 days from the date of this Order. The trial court clerk and court reporter shall file supplemental records no later than 21 days from the date of this Order.
Appellant's pro se motion for extension of time to file her response is also granted in part. Unless the trial court appoints new counsel for Appellant, Appellant's response to the Anders brief is due 20 days from the date of this Order.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Neill
Order issued and filed October 1, 2019
RWR