Opinion
No. 05-16-00821-CV
08-03-2016
IN THE MATTER OF N.T.
On Appeal from the 305th Judicial District Court Dallas County, Texas
Trial Court Cause No. JD-82149
ORDER
Appellant was represented in the trial court by J. Michael Price II of the law firm of Milner Finn Price. Mr. Price has notified the Court that he will not be representing appellant on appeal. Appellant has declared that he is incarcerated and unable to hire an attorney to represent him on appeal. He has requested the appointment of counsel to represent him on appeal. The docketing statement, clerk's record, and reporter's record are overdue. The record includes no information regarding the financial status of appellant or his family.
The Court ORDERS the trial court to make findings of fact regarding whether appellant has been deprived of the clerk's record and reporter's record because of ineffective counsel, indigence, or for any other reason.
• The trial court shall first determine whether appellant desires to prosecute the appeal. If the trial court determines that appellant does not desire to prosecute the appeal, it shall make a finding to that effect.
• If the trial court determines that appellant desires to prosecute the appeal, it shall next determine whether appellant is indigent and entitled to proceed without payment of costs for the clerk's record and reporter's record. If appellant is entitled to proceed without payment of costs, the trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, including appointing new counsel. If the trial court finds appellant is not indigent, it shall determine whether retained counsel has abandoned the appeal and make a finding to that effect.
• The trial court shall next determine and make findings as to: (1) the district clerk's explanation for the delay in filing the clerk's record; and (2) the earliest date by which the clerk's record can be filed.
• Finally, the trial court shall determine and make findings as to: (1) the name and address of each court reporter who recorded the proceedings in this cause; (2) the court reporter's explanation for the delay in filing the reporter's record; and (3) the earliest date by which the reporter's record can be filed.
The Court ORDERS the trial court to transmit a record, containing the written findings of fact, any supporting documentation, and any orders, to this Court within THIRTY DAYS of the date of this order.
The appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE