Opinion
No. 04-13-00086-CV
2013-09-20
ONE (1) 1992 CHEVROLET PK, 1GCEC14Z4NE164549, Appellant v. THE STATE OF TEXAS, Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2012-CI-13890
Honorable Laura Salinas, Judge Presiding
ORDER
In the civil suit underlying this appeal, the State of Texas filed an original notice of seizure of Appellant's vehicle based on Appellant's driving while intoxicated. On November 27, 2012, the trial court granted the State's motion for summary judgment; thereafter, pro se Appellant timely filed a notice of appeal.
On June 3, 2013, Appellant filed a motion for appointment of counsel on appeal; this court denied Appellant's motion. On August 28, 2013, Appellant filed his pro se brief. On September 13, 2013, Appellant filed a second motion for appointment of counsel on appeal. He based his request for counsel on his limited access to the law library and the inadequacy of the library itself.
A court may appoint counsel for a pro se civil litigant "under exceptional circumstances." See Gibson v. Tolbert, 102 S.W.3d 710, 712 (Tex. 2003) (citing Travelers Indem. Co. of Connecticut v. Mayfield, 923 S.W.2d 590, 594 (Tex. 1996)); see also TEX. GOV'T CODE ANN. § 24.016 (West 2004). Exceptional circumstances are "rare and unusual," and Appellant's motion presents no such circumstances. See Gibson, 102 S.W.3d at 713 (denying court-appointed counsel to an indigent inmate for his civil suit against prison personnel).
Appellant's motion for court-appointed counsel is DENIED.
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Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of September, 2013.
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Keith E. Hottle
Clerk of Court