Opinion
01-23-00818-CV
02-06-2024
Ameal Woods and Jordan Davis v. The State of Texas
281st District Court of Harris County Trial court case number: 2019-39625
ORDER
Amparo Monique Guerra, Judge
On February 1, 2024, Wesley Hottot, lead counsel for appellants Ameal Woods and Jordan Davis, filed an "Unopposed Motion . . . to Withdraw and Substitute Lead Counsel." In his motion, Hottot requested that he be permitted to withdraw because "[e]ffective January 31, 2024, [Hottot was] resigning from the Institute for Justice." Hottot further requested that James T. Knight II, also of the Institute for Justice, be designated "as lead counsel on this appeal." Notably, Knight is not licensed to practice law in Texas, but was admitted pro hac vice to appear before this Court in this appeal by order dated January 18, 2024.
Motions for leave to withdraw, or substitute counsel, in an appeal are governed by Texas Rule of Appellate Procedure 6.5. Specifically, rule 6.5(a) identifies several requirements for any motion to withdraw. See Tex. R. App. P. 6.5(a) ("A motion for leave to withdraw must contain the following . . . ") (emphasis added). However, the rules also provide for an "[e]xception for [s]ubstitution of [c]ounsel." See Tex. R. App. P. 6.5(d). Where "an attorney substitutes for a withdrawing attorney, the motion to withdraw need not comply with [subparagraph] (a) [of rule 6.5] but must state only the substitute attorney's name, mailing address, telephone number, fax number, if any, and State Bar of Texas identification number." Id. Further, the "withdrawing attorney must comply with [subparagraph] (b) [of rule 6.5] but not [subparagraph] (c) of [rule 6.5]." Id.
Hottot's motion includes some of the information for Knight required by rule 6.5(d). However, Hottot's motion does not confirm compliance with subparagraph (b) of rule 6.5. See Tex. R. App. P. 6.5(b) (requiring motion to withdraw or substitute "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"), 6.5(d) (requiring withdrawing attorney to comply with rule 6.5(b)).
Additionally, as noted above, rule 6.5(d) also requires that the withdrawing attorney state the "substitute attorney's . . . State Bar of Texas identification number." See Tex. R. App. P. 6.5(d). Knight, "an active member in good standing with the District of Columbia Bar," is not admitted to practice law in Texas, and therefore does not have a "State Bar of Texas identification number." While Knight has been admitted pro hac vice to appear before this Court in this appeal on behalf of appellants, the rules do not appear to permit him to be substituted as lead counsel on behalf of appellants, and Hottot has not directed us to any authority which would allow an attorney not licensed in Texas to act as lead appellate counsel.
Accordingly, to the extent Hottot's motion is to be construed as a motion to withdraw himself as lead counsel and substitute Knight as lead counsel, the motion is denied because it fails to comply with Texas Rules of Appellate Procedure 6.5(b) and 6.5(d).
To the extent the motion is intended as requesting separate relief, including (1) Hottot requested leave to withdraw, and (2) Knight's designation as new lead counsel, these requests also fail to comply with the requirements of the Texas Rules of Appellate Procedure. Specifically, to the extent the motion is intended as a motion to withdraw Hottot as lead counsel, it fails to comply with rules 6.5(a) and 6.5(b), and that request for relief is denied. See Tex. R. App. P. 6.5(a), (b). Further, to the extent the motion is intended as a request to designate Knight as new lead counsel, that relief is also denied. See Tex. R. App. P. 6.1(c) ("The original or a new lead counsel may be designated by filing a notice stating that attorney's name, mailing address, telephone number, fax number, if any, email address, and State Bar of Texas identification number. If a new lead counsel is being designated, both the new attorney and either the party or the former lead counsel must sign the notice.").
We note that nothing in this order prevents Hottot, Knight, or any other associated attorney identified as counsel for appellants in this appeal, from filing a motion to withdraw or substitute, or notice of designation of new lead counsel in compliance with the Texas Rules of Appellate Procedure.
It is so ORDERED.