Opinion
No. 04-15-00808-CV
01-20-2016
IN THE INTEREST OF S.S., S.S., S.S., AND C.S.
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 2012-CVL-000402-D4
Honorable Oscar J. Hale, Jr., Judge Presiding
ORDER
The clerk's record was due December 31, 2015, but was not filed. On December 30, 2015 and January 11, 2016, the clerk filed notifications of late record stating the clerk's record was not filed because appellant has not paid or made arrangements to pay the clerk's fee to prepare the record and appellant is not entitled to the record without paying the fee. We therefore ordered appellant to provide written proof to this court that either (1) the clerk's fee has been paid or arrangements satisfactory to the clerk have been made to pay the clerk's fee; or (2) appellant is entitled to the clerk's record without prepayment of the clerk's fee. See TEX. R. APP. P. 20.1, 35.3(a).
On January 11, 2016 and January 13, 2016, appellant filed letters with this court stating he is indigent and had appointed trial counsel. Under Texas law, a parent is entitled to court-appointed counsel if he is indigent. See TEX. FAM. CODE 107.013 (West 2014). Thus, appellant was clearly indigent at trial. Moreover, once appellant was determined by the trial court to be indigent, he is presumed to remain indigent for the duration of the suit and any subsequent appeal. See TEX. R. APP. P. 20.1(a)(3).
Our records do not indicate, nor have we been advised of any finding by the trial court, that appellant's financial circumstances have changed. Accordingly, appellant is presumed indigent and the clerk may not refuse to file the clerk's record because appellant has not paid for the record; appellant is entitled to a free record on appeal.
We therefore DENY the district clerk's notification of late record and ORDER the district clerk to file the clerk's record in this court on or before February 1, 2016.
We further order the clerk of this court to serve copies of this order on all counsel, the district clerk, the court reporter, and the trial court.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court