Opinion
NUMBER 13-19-00005-CV
03-06-2019
IN THE INTEREST OF G. N. L., J. M. R. T., J. M. R. T., Children
On appeal from the 377th Judicial District of Victoria County, Texas.
ORDER
Before Chief Justice Contreras and Justices Benavides and Hinojosa
Order Per Curiam
This is an accelerated parental termination case. See TEX. R. APP. P. 28.4. Appellant C.J.B.'s appointed counsel has filed a motion to withdraw as counsel, claiming that he has "an unresolvable conflict over the handling of the appeal of this case and it has become necessary for counsel to withdraw."
The appointment of an attorney for indigent parents contesting the termination of their parental rights is mandatory. TEX. FAM. CODE ANN. § 107.013 (West, Westlaw current through 2017 1st C.S.). Appeals in parental termination and child protection cases are governed by the rules of appellate procedure for accelerated appeals and include additional expedited deadlines and procedures. 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. (West, Westlaw through 2017 1st C.S.). The intermediate appellate courts are directed to ensure "as far as reasonably possible" that appeals are brought to final disposition within 180 days of the date the notice of appeal is filed. TEX. R. JUD. ADMIN. 6.2(a).
Due to the nature of parental termination hearings and the right of an indigent parent to have appointed counsel, we GRANT counsel's motion to withdraw, ABATE this appeal, and REMAND the cause to the trial court with instructions to appoint C.J.B. new appellate counsel.
We note that 61 days of the total 180 days in which this type of appeal is to be disposed have already passed. See id. The trial court shall conduct the hearing and make its findings and recommendations, together with any orders it may enter regarding these matters, within TEN days from the date of this order. The name, address, telephone number, email address, and state bar number of the newly appointed counsel shall be included in the order appointing counsel. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court on or before the expiration of FOURTEEN days from the date of this order.
It is so ORDERED.
PER CURIAM Delivered and filed the 6th day of March, 2019.