in Re: Dallas County Public Defender's Office

• Court: Court of Appeals of Texas
• Decided: November 29, 2017
• Docket: 05-17-01151-CV
• Status: Published

Opinion

Order entered November 29, 2017

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01151-CV No. 05-17-01152-CV No. 05-17-01153-CV

IN RE DALLAS COUNTY PUBLIC DEFENDER'S OFFICE, Relator

Original Proceeding from the 204th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F17-75436-Q, F17-75468-Q, and F17-76382-Q

ORDER Before Justices Lang, Brown, and Stoddart

Based on the Court’s opinion of this date, we CONDITIONALLY GRANT IN PART

relator’s petition for writ of mandamus to the extent that we find that the trial court violated a

ministerial duty by failing to provide a reason for appointing other counsel on the record and/or

in a written order denying the appointment. We DENY relator’s petition for writ of mandamus

on all other grounds and DENY relator’s petition for writ of prohibition.

We ORDER the trial court to make a written ruling, within fifteen (15) days of the date

of this opinion, setting out its reason or reasons for appointing counsel other than the Dallas

County Public Defender’s Office to represent Emmanuel Kilpatrick in the underlying

proceedings. We further ORDER the trial judge to file with this Court, within twenty-one (21) days of

the date of this order, a certified copy of its order(s) issued in compliance with this order and the

Court’s opinion of this date. Should the trial court fail to comply with this order, the writ will

issue.

/s/ DOUGLAS S. LANG JUSTICE