Opinion
04-21-00502-CV
01-28-2022
IN THE INTEREST OF N.J.E. JR., N.J.E., E.M.E., AND E.J.E.,
From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2020PA01973 Honorable Kimberly Burley, Judge Presiding
ORDER
Liza A. Rodriguez, Justice
Appellant G.E. appeals the trial court's termination of his parental rights. Appellant's court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which she asserts there are no meritorious issues to raise on appeal. We have held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill her ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.-San Antonio 2003, no pet.); see In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam) (applying Anders procedures in appeal from order terminating parental rights). In compliance with the procedure set out in Anders, appellant's attorney has shown that she sent a letter to appellant, which explained his right to review the record and file a pro se brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re A.L.H., No. 04-18-00153-CV, 2018 WL 3861695, at *2 (Tex. App.-San Antonio Aug. 15, 2018, no pet.); In re R.R., 2003 WL 21157944, at *4. In the letter to appellant, counsel stated that she had enclosed copies of the brief and motion to withdraw. See Kelly, 436 S.W.3d at 313; In re A.L.H., 2018 WL 3861695, at *2; In re R.R., 2003 WL 21157944, at *4.
Counsel also enclosed a copy of a form motion for access to the appellate record. See Kelly, 436 S.W.3d at 313; In re A.L.H., 2018 WL 3861695, at *2; In re R.R., 2003 WL 21157944, at *4. If appellant wishes to review the appellate record, she must file a motion within ten days from the date of this order.
Further, if appellant desires to file a pro se brief, we ORDER that she do so on or before February 17, 2022. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant's pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant's counsel, to be HELD IN ABEYANCE pending further order of the court.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of January, 2022.