Opinion
Appellate case number: 01-18-00009-CVAppellate case number: 01-18-00010-CV
04-12-2018
In the Interest of K. C.
ORDER Trial court case numbers: 248269-01 & 248269 Trial court: Probate Court No. 3 of Harris County
On January 2, 2018, counsel for appellant, K. C., Tom Zakes, timely filed a notice of appeal from the trial court's December 22, 2017 judgment of involuntary commitment for court-ordered temporary mental health services in trial court cause number 248269, and from the trial court's December 22, 2017 order to administer psychoactive medication in related trial court cause number 248269-01. See TEX. R. APP. P. 4.1(a); TEX. HEALTH & SAFETY CODE ANN. §§ 574.070(b), 574.108(a) (West 2010). The notices of appeal did not indicate whether Zakes was appointed or appellant was indigent.
On January 29, 2018, the Clerk of this Court notified counsel that these appeals were subject to dismissal by February 28, 2018, because appellant had neither established indigence nor paid the filing fees. See id. 5, 20.1, 42.3(b). On February 22 and 28, 2018, the Clerk of this Court notified counsel that this Court may require him to file his brief without the reporter's records unless he made payment arrangements by March 26 and 30, 2018, respectively. See id. 37.3(c). To date, no filing or record fees have been paid.
However, according to the clerk's records, filed on February 20, 2018, the trial court appointed Zakes as attorney for K.C. on December 12 and 22, 2017, in both cases. See TEX. HEALTH & SAFETY CODE ANN. § 574.003(a) (West 2010). The costs for all subsequent proceedings shall be paid by the county that issued the order for temporary mental health services. See id. at § 571.018(a)(2), (b) (West 2010).
Accordingly, the Court directs the Clerk of this Court to mark the appellant, K. C., indigent in this Court's records and allowed to proceed without advance payment for appellate cost purposes and to mark these as priority appeals. The Court ORDERS Robin Kulhanek Day, the court reporter, to file the reporter's records within 20 days of this Order, at no cost to appellant.
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
Acting individually Date: April 12, 2018