Opinion
05-23-00962-CR
09-27-2024
JASON ANDREW LESSLER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-80156-2022.
ORDER
AMANDA L. REICHEK, JUSTICE.
We REINSTATE this appeal.
The filing of the record was completed February 26, 2024, and attorney Kristen Brown's brief on behalf of appellant was originally due March 27, 2024. After granting Ms. Brown multiple extensions of time to file the brief, we abated this appeal on September 12, 2024, and ordered the trial court to hold a hearing and make findings and recommendations concerning appellate counsel's failure to timely file appellant's brief.
The Honorable Jim Pruitt, sitting by assignment, presided over the hearing on September 24, 2024. At the hearing, Ms. Brown told Judge Pruitt, "I've begun working on the appeal, but not on the brief at this point.... I expect it will be done within the next, let's say, 60 days.... Let's say November 30."
Judge Pruitt signed written findings:
Appellant desires to prosecute the appeal. The defendant is not indigent and retained counsel has not abandoned the appeal.
Appellant's counsel has not begun work on the appeal. Appellant [sic] does not know when she will begin to work on the appeal. Appellant's counsel expects the brief to be filed by November 30, 2024.
Judge Pruitt did not make any recommendations.
We accept Judge Pruitt's findings. We do not accept Ms. Brown's request for an additional extension through November 30, 2024. A lawyer owes a client a duty of competent and diligent representation. See Tex. Disciplinary Rules Prof'l Conduct R. 1.01. Part of that duty includes controlling the lawyer's workload "so that each matter can be handled with diligence and competence." Id. R. 1.01 cmt. 6. Counsel's admission that she had not begun work on the brief almost seven months after the record was filed indicates a lack of diligence in representing appellant.
We ORDER Kristen Brown to file appellant's brief on or before 5:00 P.M. on OCTOBER 28, 2024. If Ms. Brown determines she cannot file the brief within that time, then she should withdraw from representing appellant on or before 5:00 P.M. on OCTOBER 4, 2024. Any motion to withdraw or substitute counsel must show compliance with Rule of Appellate Procedure 6.5(b) ("The motion must be delivered to the party in person or mailed-both by certified and by first-class mail-to the party at the party's last known address."). If appellant's brief or Ms. Brown's motion to withdraw or substitute counsel is not filed by the above-listed time and date, the Court may refer Ms. Brown to the Chief Disciplinary Counsel's Office of the State Bar of Texas.
We DIRECT the Clerk to send copies of this order to the Honorable Tom Nowak, Presiding Judge, 366th Judicial District Court; the Honorable Jim Pruitt, Assigned Judge; and counsel for all parties.
We further DIRECT the Clerk to send a copy of this order by first-class mail to:
Jason Andrew Lessler
TDCJ # 02469664
Michael Unit
2664 FM 2054
Tennessee Colony, TX 75886