Opinion
NO. 14-17-00760-CV
03-28-2018
IN THE INTEREST OF R.P.R. JR., A CHILD
On Appeal from the 314th District Court Harris County, Texas
Trial Court Cause No. 2016-04660J
ORDER
Appellant is represented by appointed counsel on appeal, William Thursland. On January 10, 2018, counsel filed a motion to withdraw as appellate counsel based on the filing of a brief under the authority of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). See In re D.E.S., 135 S.W.3d 326, 329-30 (Tex. App.—Houston [14th Dist.] 2004, no pet.) (applying Anders procedures to a parental termination case).
The Supreme Court of Texas has concluded that the right to counsel under Family Code section 107.013(a)(1) through the exhaustion of appeals under Family Code section 107.016(2)(B) encompasses all proceedings in the Supreme Court of Texas, including the filing of a petition for review. In re P.M., 520 S.W.3d 24, 27 (Tex. 2016) (per curiam). Once appointed by the trial court, counsel should be permitted to withdraw only for good cause and on appropriate terms and conditions. Id. Because the grounds identified for withdrawal did not constitute good cause, appointed counsel's motion to withdraw was denied.
On March 19, 2018, appointed counsel filed a motion to abate this case for a hearing in the trial court to determine if good cause exists to permit counsel to withdraw and new counsel to be appointed. Counsel's motions raises additional grounds for withdrawal other than those alleged in his initial motion to withdraw. Though we decline to abate the case, we enter the following order.
We direct the judge of the 314th District Court to consider counsel's request to withdraw. If current counsel is permitted to withdraw, the judge shall appoint new appellate counsel for appellant. The judge shall see that a record of any hearing is made, and shall order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing any orders permitting counsel to withdraw and appointing new counsel. Those records shall be filed with the clerk of this court on or before April 16, 2018.
PER CURIAM Panel consists of Chief Justice Frost and Justices Busby and Wise.